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Insights

The Challenges of Intestacy

Posted on 23rd March 2021 in Probate & Wills

A recent High Court case has highlighted the challenges faced when a person dies intestate, or when a Will does not cover a number of scenarios, such as what should happen in the event of the unexpected death of a beneficiary.

Posted by

Naomi Hoare

Senior Associate & Solicitor

Insights

Can you make a gift on your deathbed?

Posted on 03rd March 2021 in Dispute Resolution, Probate & Wills

It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Posted by

Martin Laver

Partner and Solicitor

Insights

Rise in post-pandemic probate claims

Posted on 19th February 2021 in Probate & Wills

A recent article has reported that there has been a marked rise in claims being brought against estates. These claims are mainly being made under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 whereby claimants argue that they have not received reasonable financial provision from an estate. 

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Insights

Reducing Inheritance Tax through Post-Death variations

Posted on 05th February 2021 in Probate & Wills, Later Life Planning

So, what happens when a person has neglected to update their Will and it therefore misses out on more favourable tax treatment? Is there anything which the beneficiaries or Executors can do about it?

Posted by

Naomi Hoare

Senior Associate & Solicitor

Insights

Discretionary Trusts in Wills

Posted on 29th January 2021 in Probate & Wills

Choosing the beneficiaries in your Will, or the amounts that each beneficiary receives, can sometimes be a daunting task. Especially when you consider that you are likely to be making your Will many years before you pass away and you cannot always tell how much your family will grow and change over the coming years.

Posted by

Sophie Palk

Paralegal

Insights

Gifts to non-existent charities in wills

Posted on 18th December 2020 in Probate & Wills

Making sure that your intended beneficiaries are accurately described in your Will is an important part of ensuring that your Executors are able to administer the estate correctly. However, what happens if you are required to act in an estate where the intended beneficiary is a charity which does not exist?

Posted by

Naomi Hoare

Senior Associate & Solicitor

Insights

Unclaimed estates totalling £1.744bn from those without Wills

Posted on 02nd October 2020 in Probate & Wills

It has been reported by a north-east property developer that there are approximately 7,991 estates currently left unclaimed in England and Wales. The total value of which is estimated at £1.744bn, equating to £218,300 per estate. They report that the majority of these estates have been left by single people who have not made a Will.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Insights

The uncomfortable middle-ground of deputyship management – dangers for the unwary

Posted on 15th September 2020 in Probate & Wills

The Mental Capacity Act 2005 originally envisaged two providers of deputyship services outside of the family members of those requiring assistance: solicitors and local authorities.  Mechanisms for both forms of service providers were included in the Act and its connected guidance.  The 15 years during which the Act 2005 has been in place, however, have seen a dramatic development in the landscape in which deputyships are granted and administered.  

Posted by

Gráinne Staunton

Partner & Solicitor

Insights

Remote Witnessing of Wills to come into retrospective effect

Posted on 15th September 2020 in Probate & Wills

On 7th September 2020 legislation was laid before Parliament to bring into force changes to the age-old Wills Act 1837(‘the Act’) to enable Wills to be witnessed virtually by video conference.

Posted by

Sasha Brennan

Solicitor

Insights

Could you be unaware that you’re an heir?

Posted on 04th September 2020 in Probate & Wills

Where someone passes away without a valid Will and without known close relatives, the first step is to see if they had any relations who may be entitled to claim from their estate. If nobody in the relevant categories has survived them, their assets will fall to the Crown – or, due to some historic rules, sometimes the Duchy of Cornwall or Lancaster.

Posted by

Rachael Morley

Partner & Solicitor

Insights

Expected growth in charitable gifts in Wills

Posted on 21st August 2020 in Charities and Social Enterprise, Probate & Wills, Coronavirus Pandemic

Long-term, the forecasts are that charitable gifts will continue to grow, from £2.9 billion in 2019 to around £3.5 billion in 2024.

Posted by

Rachael Morley

Partner & Solicitor

Insights

Probate Registry service delays

Posted on 13th August 2020 in Probate & Wills, Later Life Planning

The probate service is under pressure due to the number of enquiries checking on the progress of cases and asking general questions. They had been in the middle of a restructuring when the pandemic hit, potentially adding to the current pressure on them.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive