In a recent High Court case, the Court considered whether a deceased’s wife lost the money left to her in her husband’s Will because she brought a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (“the 1975 Act”). 

The role of certificate provider was introduced by the Office of the Public Guardian as a safeguard for people signing Lasting Powers of Attorney (LPAs). LPAs are used to appoint attorneys to assist with a person’s affairs, which could include their finances and their personal welfare.

In September 2020, the UK Parliament passed an order that amended the Wills Act 1837, a law that dates back to the Victorian era. The order allowed people to make valid Wills by using video-conferencing or other visual transmission, as long as the witnesses could see and hear the testator (the person making the Will) in real time. This was a temporary measure to help people who were self-isolating or facing lockdown restrictions due to the Coronavirus pandemic. The order applied to Wills made on or after 31 January 2020, and was initially set to expire on 31 January 2022.

A discretionary trust is a piggy bank into which assets are placed and which are looked after by your trustees on behalf of a pool of beneficiaries chosen by you.

Making a Lasting Power of Attorney may seem like a task for another day, but as time goes on, our ability to manage our affairs may decrease or be prevented by an unexpected illness or accident. By making sure that you have the documents in place, and registered, this helps to ensure that a trusted person can step in to assist you when you need it most.

Lasting Powers of Attorney (LPAs) allow you to appoint people to manage your affairs, should you need some help or become unable to manage your affairs yourself.

A Will is an essential document, helping you to provide for your family after you’ve gone. Whatever 2024 holds for you, we look at why creating or reviewing your Will should be at the top of your list of New Year’s resolutions.

Deputyship is a legal term that refers to the appointment of a person (called a deputy) to make decisions on behalf of another person who lacks the mental capacity to do so.

Choosing a solicitor for your Will ensures legal clarity, reducing the risk of errors or disputes. A professional will navigate the complexities and safeguard your wishes effectively.

In the first part of this insight we discussed two of the main life changes which can necessitate changes to your Will being marriage and divorce.  We now consider other life changes which occur and can create situations which necessitate changes to your Will.

The importance of making a Will which reflects your wishes is therefore paramount but, after making your Will, when should you consider reviewing whether it still reflects your wishes particularly if your circumstances have changed.   

If you have a child or children under the age of 18, you may have thought about appointing a guardian. But what exactly would this entail, both for you and for them?