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Wills, Trusts & Probate Blog

Enduring Powers of Attorney- When is it time to register?

Hannah  Jarvis
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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's Trust Registration Service: Co-Ownership and Residuary Estate Trusts

Joe Pegler
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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...

Lasting Powers of Attorney

Amanda Voakes
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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...

Inheritance Tax

Claire Clarke
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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 - TRUST REGISTRATION

Charlotte Corbyn
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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...

Emergency Power of Attorney: When and How to Obtain It

Amanda Voakes
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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...

Clear language is critical in will drafting

Amanda Voakes
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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...

Increase in Statutory Legacy

Samantha Furey
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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. ...

New Clarification from the Court of Protection about Lasting Powers of Attorney

Claire Clarke
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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...

When inheritance plans start leaking

Samantha Furey
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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...

The Alzheimer's Dementia and Care Show 2023

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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,...

Don't Ignore a Will Trust

Charlotte Corbyn
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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...

2023... how to gift inheritance tax free

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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 Compliance - Trust Registration

Charlotte Corbyn
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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...

I am the Executor of an Estate and I would like to purchase Property from the Estate. Will I fall foul of the Self-Dealing Rule?

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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...

The Autumn Statement - Key Points from an Inheritance and Tax Planning perspective

Claire Clarke
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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 - a 'trick or treat'?

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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...

How good is your will writing professional?

Claire Clarke
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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...

Deadline dispensation but clock keeps ticking for trustees

Anna Howat
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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. ...

LASTING POWERS OF ATTORNEY - THE TIME TO ACT IS NOW...

Claire Clarke
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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,...

Estate Planning in the Digital Age - How are my digital assets dealt with on my death?

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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...

Power Of Attorney: Making your wishes clear

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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...

Business owners - make it your business to consider your Will

Claire Clarke
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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...

Whom should I appoint as my attorney?

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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 Private Client team - New Partner Hire

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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...

The Importance of Making a Will

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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...

Care fees and protecting your estate

Claire Clarke
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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...

How Does Marriage Affect your Will?

Claire Clarke
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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...

How has Covid-19 affected inheritance tax?

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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...

Vulnerable face timebomb by not appointing others to act

Amanda Voakes
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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...

What is a Grant of representation and do I need one?

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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...

Talk Money Week: Talking to your family about your wishes for the future

Amanda Voakes
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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...

Older people need better safeguards against predatory marriage

Amanda Voakes
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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 royal lesson in keeping things under your hat

Amanda Voakes
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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...

Leaving gifts to charity in your will

Amanda Voakes
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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...

Gifting and inheritance tax: Explained

Amanda Voakes
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As part of inheritance tax planning, or simply as part of passing on wealth to the next generation, you may consider gifting money or property to family or friends. However, there are several things you need to know about gifting and inheritance tax. In this...

Can you make a Power of Attorney online?

Amanda Voakes
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It is possible to make a Power of Attorney online, but whether you should is an entirely different matter. The process of making a Power of Attorney seems straightforward, but for those who are unfamiliar with the process, there are many potential pitfalls...

COVID 19: Key changes to The Wills Act 1837 - will it help or hinder?

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COVID-19's introduction of The Wills Act 1837 (Electronic Communication) (Amendment) (Coronavirus) Order 2020. Due to the COVID-19 pandemic, we are all currently facing unprecedented times that have impacted all aspects of our lives. The COVID-19...

Five reasons you should use a solicitor to write your will

Amanda Voakes
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If you are thinking about writing a Will , you may have considered doing it yourself. There are many templates and tools available online, along with vast amounts of information about the law and how to go about writing your own Will. However, there are...

What happens to debt after someone dies?

Amanda Voakes
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When someone you love has passed away, the last thing you might be thinking about is debt. However, there are many misconceptions about debt and inheritance and it is essential to understand your position. Many people that when a person dies, the debt dies...

How unspent income from lockdown could cut future tax bills

Amanda Voakes
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Internet shopping may have boomed during lockdown, but many people have spent less than usual while forced to stay home, and those with spare money have an opportunity to make the most of inheritance tax reliefs on gifts to family and friends if they act...

Inheritance tax threshold frozen - but why is IHT planning still important?

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If you intend to leave savings, property or other assets to family or friends after you die, you need to consider inheritance tax (IHT). It could cost your heirs up to 40% of their inheritance. By planning ahead, you can minimise IHT and ensure as much of...

Kick the frivolity and take the higher road over inheritance

Amanda Voakes
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Inheritance disputes may have risen in response to soaring property prices, second marriages and blended families, with relatives more likely to feel they are missing out, but the courts are pushing back on frivolous claims and obstructive family...

Why cohabiting couples must consider estate planning

Amanda Voakes
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Millions of couples across the UK are choosing to forego marriage and live as cohabitees . However, without proper estate planning, they could be putting their finances at risk. Unlike their married counterparts, unmarried couples have no automatic right to...

Care Fees Myths

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Out of the 15 million people who are aged 65 or over in the UK, approximately 400,000 (2.6%) will move into a care home at some point in their lives. Knowing what you or a family member should be paying for living in a care home is not an easy question....

Court of Protection rules COVID-19 vaccine should be given in best interest decision

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In January the Court of Protection confirmed that it was lawful and in the best interest of a care home resident for her to receive the COVID-19 vaccination where she did not have mental capacity to consent. The resident in question (Mrs E) had been...

What are Letters of Wishes and Statements?

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Letters of wishes or Statements are used as a supplement to the Will to expand on certain clauses. They are in no way legally binding, they merely sit alongside the Will as a guide. The documents act as a summary or explanation of the Will itself, giving...

Protecting digital assets and memories is vital as the shift online continues

Amanda Voakes
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The value of our online lives is becoming immeasurable, yet few people are recording or protecting their digital assets.  Whether the financial value of investments or the emotional value of family photos, if there is no arrangement in place to hand on...

New year, new you? Why it might be a good time to write a will

Amanda Voakes
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There is no denying that 2020 is a year which will go down in history - for many reasons. The global pandemic, Brexit, and the fallout from these events has had a significant impact on many areas of our lives. These events may have far-reaching implications...

Should you do something to protect your estate against future care fees?

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When I am discussing Wills and Estate Planning with clients, it often becomes clear that my clients are worried they will lose everything if they go into care. In many cases, after looking at their finances and analysing the existing care fee scheme, I am...

Make a Will, not a homemade mistake

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With everything going on at the moment, much more than usual people are aware of their own mortality and, naturally, many people have decided they cannot put making a Will off any longer. However, I have no doubt that making a Will may seem easier said than...

Running a charity in times of COVID-19

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If you are a trustee or member of a charity you will be used to attending meetings in person, especially if you are part of a small, local charity. With the arrival of Covid – 19 and the first lockdown, many charities put on hold their usual meetings,...

How do I protect my equity in a property?

Joe Pegler
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For many people, buying a property is an exciting event. When purchasing with somebody else, there is always a lot to consider and it is particularly important that you are clear about the extent of your respective shares in the property, from the outset. ...

Charitable donations could save you thousands in inheritance tax

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The UK population generously donates on average £10 billion per year to charities, so why should this end on death? Did you know a charitable donation could save your estate inheritance tax? In the article below, I deal with three key questions when...

Witnessing of Wills in the new age of social distancing - video-witnessing to become legalised in England and Wales

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As all solicitors in England and Wales will be aware, arranging the witnessing of Wills during the Covid-19 pandemic has become something of a logistical nightmare. It therefore comes as welcome news that the Government intend to pass legislation in September 2020 allowing for the remote electronic witnessing of Wills, albeit only a temporary change.

Lights, camera, action... signing your will goes live

Amanda Voakes
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Experts are warning against self-directed videos following the announcement by the Government that legislation is to be introduced in September to allow Wills to be signed remotely using a live video link.   While the coronavirus pandemic...

Our offices are open!

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During the past few months, although our doors have had to remain closed, Chattertons have ensured that we are still able to offer a great service to our clients, even though we have not been able to offer a face to face service due to the Covid-19...

Managing your affairs during the Covid-19 Crisis - the right time is now

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The current Covid-19 pandemic has caused many of us to reflect upon our own mortality and the need to manage our own affairs. During these difficult times, many of us have also found ourselves with time that we have never had before. It is often the case...

Valid Will Signings at Home

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Chattertons understand that there is a great deal of uncertainty at this time, especially in regard to Will signings. There are strict rules laid down regarding how a Will should be signed to ensure it is effective and therefore, we usually recommend that...

COVID-19 Office Closure

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COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only.   Most of our advisors are working...

Wills Trusts and Probate during COVID-19

Amanda Voakes
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Chattertons Solicitors Private Client team continue to support individuals with putting in place or reviewing Wills, Powers of Attorney and the administration of estates during the coronavirus crisis.  We are following Government recommendations and...

Coronavirus COVID-19 Chattertons Update

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Chattertons Solicitors  are open for business.  However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...

Do you pay inheritance tax on lifetime gifts?

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Most people will have heard of the '7 year rule' with regard to inheritance tax payable on gifts made during a person's lifetime.  Often the rules are confused and misinterpreted. Current HMRC guidelines outline that any gifts totalling...

CHANGE TO THE AMOUNT A SPOUSE OR CIVIL PARTNER RECEIVES UNDER THE INTESTACY RULES

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If you die without making a valid Will your estate will be administered under the intestacy rules. Under the intestacy rules, if you die leaving a surviving spouse or civil partner and children (or other descendants), the surviving spouse or civil partner is...

Proposed changes to the law on Wills

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In July 2017, a four month public consultation was issued by the Law Commission on reforming the current law of wills which dates back to 1837.  They also proposed reforms to the test of a person’s capacity  to make a will, which was set out...

Digital Assets - What are they and what do they mean to me?

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Due to the substantial expansion in the use of information communication technologies in the last two decades, digitals assets are now more prevalent than ever before. However, they are often not considered when discussing estate planning . With the...

PROBATE COURT FEE INCREASE SCRAPPED ... AGAIN

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The government's controversial proposal to increase probate fees from the current fixed fee of £215 (or £155 if applying through a solicitor) to fees of £250 to £6,000 has been scrapped. Justice Secretary Robert Buckland, who...

I'm Too Young to Make a Will...

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From the age of 18 you are legally an adult and can make a Will setting out what you want to happen to your children, pets, property and assets when you die.    You may think you're too young to make a Will, but the chances are that...

The importance of estate planning - deciding "who died first"

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The importance of estate planning – deciding “who died first”. In the first case of its kind since 1950 Judge Kramer in Scarle –v- Scarle was asked to answer the question that many clients have “what happens if we die...

Do I really need an LPA and can I do it myself

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Do I really need an LPA and can I do it myself? The Office of the Public Guardian have reported that less than 1% of the adult UK population have a Lasting Power of Attorney (LPA). However, we are all at risk of losing our mental capacity in some way or...

Prize Possessions - What Do You Do With Your Children?

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A guide to appointing guardians in your will. There is a general conception that Wills are for the elderly and those in ill-health but life is uncertain and everyone needs a Will, to ensure your hard-earnt assets go to the...

Lasting Powers of Attorney - Avoid a lifetime legacy of worry

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Around 31 million British adults have no will according to a recent survey by Which? There is a regional split of those without a will – 42% of adults in England say they have a will, 35% in Wales and 31% in Scotland.  The reasons quoted for not...

Nutt -v- Nutt [2018] EWHC 851 (CH)

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On 19 April 2018 Master Clark handed down Judgment in the case of Nutt –v- Nutt [2018] EWHC 851 (CH). The case involved the Estate of Lily Rose Nutt (“Lily”) who was born on the 4 th November 1924 and who died on 25 February 2013 aged...

Joint Ownership - Joint Tenants or Tenants in Common?

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When I am taking instructions for wills, I ask my clients if they own any property and if so, whether it is owned in their sole name or jointly.  Many married and cohabiting couples own their home jointly and I am often met with blank or confused...

Do I need a Lasting Power of Attorney?

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None of us want to imagine a time when we are no longer capable of making our own decisions.  Yet as medical advances enable us to live longer, the chances of needing help later in life increase. Do you know who would manage your finances or make...

Appointing Executors of your will - who to choose?

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When an individual decides to make a Will , they may assume that the most important consideration is who will benefit from their estate, and how much they will receive. However, choosing the right Executors to appoint should also be a significant...

Claim a Lasting Power of Attorney refund

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If you applied to register a Lasting Power of Attorney (LPA) between 1 April 2013 and 31 March 2017 you can apply to the Office of the Public Guardian to get part of your application fee back. A claim can be made by either the donor who made the LPA or an...

The danger of homemade Wills. Penny wise, pound foolish?

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Creating a Will is the essential way to make sure your assets are distributed according to your final wishes.  However many fail to prepare one for fear of the cost.  This results in some people using the cheap DIY Will drafting kits, which are...

Family asset protection trusts - take care!

Anna Howat
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As they get older, most people are understandably keen to ensure that their home is not sold to pay care fees. They also want to protect their estate from inheritance tax, probate fees and claims from creditors or ex-spouses. Essentially, they wish to...

Online Wills- Could this be the future?

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In this modern age the process of signing, witnessing and dating a hard copy Will can seem outdated. A Will is a written document that has been signed by the testator and witnessed by two people over the age of 18, who do not benefit from the Will. The rules...

I've been appointed as an Executor, what do I need to do?

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A significant number of my clients who have been appointed as an Executor of an estate have never taken on the role previously and the prospect of acting as an Executor can appear quite daunting. The first task for an Executor is to ascertain the assets and...

The Importance of Keeping your Will safe

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You have made a Will; that is usually the hardest and most stressful part of the transaction completed and you can be safe in the knowledge that your assets are going to pass to your intended beneficiaries on your death. However, you now need to make sure...

The importance of Cohabiting Couples making Wills

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Couples who live together are often under the impression that they have the same legal rights upon death as couples who are married, unfortunately for them this is a myth! Unmarried couples who live together, whether it is for 30 days or 30 years, have no...

INCREASE IN PROBATE REGISTRY FEES SCRAPPED!

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It has been announced today that the increase in probate registry fees has been scrapped. The controversial increase was set to come into force in May and meant that the fee for obtaining a grant of probate (where there is a Will) or a grant of letters of...

WHERE THERE'S A WILL THERE'S A WAR

Andrew Morley
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Your last will may not be the last word if someone decides to challenge this. Nothing is certain but death and taxes, so the proverb goes. And in death is the final chance to determine how your hard earned money is distributed. This is done by a will and in...

DIY Probate: do you know the risks?

Jacqueline Marshall
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Many people question why, when someone has made a will in their lifetime, there is any need for further formalities once that person dies.  This is due to the fact that a will is a legal document by which a person expresses their wishes as to how their...

Do you understand the consequences your will could have?

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Are you free to use your Will to reward or punish your family?  The recent Supreme Court case of Ilott –v- Blue Cross provides welcome guidance in relation to claims made by disinherited adult children.  Your freedom is limited by the...

Probate Registry Fees are Increasing in May

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Have you recently had a bereavement?  Are you responsible for dealing with the deceased’s affairs?  If so, you need to be aware that the Probate Registry is increasing its fees! If you need to apply for a grant of probate (where there is a...

Did you know that anyone can write a will?

Alistair Thomson
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Although there may be various reasons that trigger people to make a will, ultimately it is about ensuring your estate passes to those who you wish to benefit. It is not only important to consider those you wish to benefit but also who you wish to entrust...

Why you should instruct a Solicitor in the administration of estates

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When someone close to you dies, it is always an emotional and stressful time. Some people feel that administering the estate is a simple process that can be completed without the involvement of a Solicitor. This is sometimes the case, but before taking on...

I don't need a Will, I have nothing to leave...

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Time and time again, Private Client lawyers hear this same sentence, “I don’t need a Will I have nothing to leave”. The reality is that everybody has something to leave, even if they do not consider it to be financially valuable. If you...

The pitfalls of do it yourself Probate

Jacqueline Marshall
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Many people question why, when someone has made a will in their lifetime, there is any need for further formalities once that person dies.  This is due to the fact that a will is a legal document by which a person expresses their wishes as to how their...

The One Million Pound Inheritance Tax Allowance

Jacqueline Marshall
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As many people are aware the first £325,000 of their estate is free from Inheritance Tax (IHT) on death, this is known as the nil rate band (NRB).  This NRB applies on death and also on Lifetime transfer where the deceased does not survive 7 years...

The importance of having a Health & Welfare LPA

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"As long as someone can look after my finances it doesn't matter about my health". This is a statement that we as solicitors, hear frequently. Whenever a client comes to see us about   Lasting Powers of Attorney (LPA) it is usually...

Trading Standards warns against will writing companies

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Lincolnshire Trading Standards are warning county residents against using unregulated will writing companies to prepare wills, especially for property protection trust wills. Some companies claim if a trust is set up to protect the value of your home,...

Anna is a STEP ahead

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Chattertons associate solicitor, Anna Howat is celebrating after qualifying as a full member with the Society of Trust and Estate Practitioners (STEP). STEP members spend their professional lives working with families and tackling real problems. Common...

Keep calm and carry on

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The Brexit furore still doesn’t look like abating any time soon.  However, HM Revenue & Customs have taken steps to alleviate any fears their “customers” may have that tax changes will be following close on the heels of the...

Agricultural Estate Planning

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The starting point when looking at estate planning where agricultural land is concerned is to look at the current set up of the farming partnership and various pieces of land. More often than not with agricultural land it is not certain who owns the land, or...

Dementia - How to Protect Yourself Legally in the Event of a Diagnosis

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Dementia is caused by a number of diseases that affect the brain. There are several different types of dementia, the most common of which is Alzheimers.  Different types of dementia affect the brain in different ways and at different rates and an...

Chattertons Private Client Department welcomes new team member

Jacqueline Marshall
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Local legal firm, Chattertons Solicitors, is pleased to welcome Jacqueline Marshall to their Wills, Trusts and Probate Department. Jacqueline is based at the Firm’s Grantham office. Jacqueline has 4 years’ experience dealing with Private Client...