Latest News

Why you need a will, regardless of wealth

As a wills lawyer, I often hear people say that they do not own their home outright and so they think that they do not need to put in place a will. A common misconception is that you have to be extremely wealthy to put in place a will. No matter how large...

An ageing population and the need to plan for the future

At present, the Alzheimer’s Society estimates that there are 900,000 people living with dementia in the UK.  This number is projected to rise to over 1 million in 2025 and then to 1.6 million in 2040.  Of the 900,000 figure, 70,800 are...

Undue Influence

A will sets out the wishes of a person as to what happens to their estate after their death. It is, therefore, an extremely important document. It’s a sobering fact that many of us are worth much more dead than alive, particularly with increasing...

Mirror and mutual wills - a case of smoke and mirrors?

Many couples execute mirrored wills. There is a misapprehension, however, that because the wills have the same provisions and are in the same terms, one person cannot change their will without their partner’s consent. This is not the case. Anyone can...

Gifting - Be aware, what you can and cannot do

With Christmas fast approaching many people choose to give cash rather than buy presents. For small gifts, there are no tax implications, but if you are considering gifting a larger sum of money, read on, as there may be inheritance tax liabilities...

The Autumn Statement - Capital Gains Tax

Hidden amongst the headlines of the Autumn Statement was the announcement by the Chancellor that the annual Capital Gains Tax (CGT) allowance will be slashed from £12,300 in the current tax year to £6,000 in 2023/24 and again to £3,000 in...

What is a Statutory Will?

A statutory will is written on behalf of someone who lacks the capacity to write their own will and is approved by the Court of Protection.  The statutory power lies within the Mental Capacity Act 2005 (MCA 2005). It states that ‘the Court of...

Proprietary Estoppel: Guest v Guest

The law has a way of dealing with certain broken promises, the legal term for which is proprietary estoppel - see the full definition below. Typically, such claims are brought when a person has died and a promise has not been fulfilled. But in the case of...

Questions you should ask your children to encourage them to make a will

Parents want the best for their children and, in general, encourage them to plan ahead and think about the future. A part of that which, sadly, is often neglected, is making a will. You may have made a will yourself, but have you encouraged your children to...

Duties of a trustee

A trustee is an individual who acts as a caretaker for assets held within a trust. They are responsible for managing the finances of the trust in accordance with the instructions given when the trust was originally created.  It is important that a...

Difficulties surrounding a child's name in blended families

In most heterosexual relationships, children still take their father’s surname at birth. That surname cannot be legally changed without the consent of both parents or a court order.  In unmarried families this can result in the child having a...

Blended families - why it's important to have a will

In a recent study, the Society of Trust and Estate Practitioners (STEP) found that an increase in what are known as ‘blended families’ is leading to increased complexity in estate planning. Blended families are where there are children from...

Modern families and family law

The excitement and thrill of planning a new baby can - for some couples - turn to heartache as they experience difficulties in conceiving. If you are considering fertility treatment, donor conception or surrogacy, there are certain important legal aspects of...

Family disputes - how can you settle arguments over inheritance?

In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...

The importance of agricultural wills

Succession and inheritance planning are the most important provisions any farming family can make when looking to the future and making arrangements for carrying on the farming business. A vital part of that planning is making a will. A will is essential...

Top 10 reasons to review your will

With spring around the corner, why not take the opportunity to do a spring clean and tidy away your copy of your will? Whilst you are there, it is a good idea to check through each clause in your will to see whether your personal circumstances have...

Tax exempt gifts at Christmas

Christmas is a time when friends and family come together and often swap presents between loved ones. Many people this year are still feeling the financial repercussions of COVID-19 and are deciding to gift away cash gifts, rather than physical presents...

Good news for those left out of will!

If you were financially dependent on someone who has died or are their spouse, former spouse, their child or were treated as a child of their marriage, you might have a claim under The Inheritance (Family and Dependants) Act 1975.  What is The 1975...

The bank of mum and dad: The tax implications

First-time house buyers are reported to be increasingly turning to the bank of mum and dad to help them supplement their house deposits. If you are a parent considering giving your children money for their house deposit, below are a few things that you...

What is business property relief?

Currently, Inheritance Tax is paid at 40% on a deceased’s estate which exceeds the Tax allowances. Or if you leave 10% of your estate to charity, then Inheritance Tax will be paid at 36%. There are various Tax allowances which can be claimed such...

Have you considered Inheritance Tax planning?

I am sure that you will be familiar with the popular quote “the only two certainties in life are death and taxes”.   When a person dies, Inheritance Tax (payable to HM Revenue & Customs) may become due on an estate. It is...

If I lose capacity, who will manage my affairs?

  If you lose capacity and you have not appointed an attorney under a Lasting Power of Attorney, someone can apply to the Court of Protection to be appointed as your deputy to manage your property and financial affairs.  Multiple people can...

The dangers of a DIY will

Why would you instruct a lawyer to write your will when you can just write your own?  You may have seen will writers and DIY will kits advertised online or in local supermarkets. It is important to be aware that, generally speaking, will writers do...

What does Brexit mean for my will?

Let’s talk about Brexit. I, for one, did not think I would be happy to talk about ‘Brexit’ for a long time, but then came a global pandemic. Coronavirus (the big ‘C’ word) does not seem to be going away anytime soon, but it...

How can I challenge someone's capacity to make a will?

People can often be surprised about the distribution of loved one’s estate and can consider contesting the will. One of the grounds for contesting a will is on the basis that the person making the will lacked the capacity to do so. Capacity to make a...

What is an attorney's role?

If you have been appointed as someone’s attorney, under a Lasting Power of Attorney (also known as a LPA), then it is important that you know what your responsibilities are. There are two types of LPA; Health and Welfare (HW) and Property and...

Where there's a will, there's a way!

Santa may be bringing your child their favourite toys this Christmas, but what would the law be bringing them if you passed away without making a will?  If you are, what has been dubbed in modern times as, a “blended family”, you may well...

We've come a long way, but inheritance tax still exists!

In 2003, Essex Pride was established, and how far the law has come even since then! It is now illegal to discriminate against LGBTQ+ people in the workplace under the Employment Equality (Sexual Orientation) Regulations. Same-sex couples undergoing fertility...

Mental health and making a will

Many people nowadays overlook the importance of instructing lawyers to draft their wills. Why would you pay a lawyer to write a will when you can write one yourself for free? As demonstrated by the famous case of Hodson v Barnes, a will can even be written...

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate, which includes all your property, money and other personal possessions, will be distributed in accordance with the law and your wishes will not be taken into...

Do you have a DIY will?

Every year, 1 in 3 people dies without having a legally valid will. In that year, around 38,000 families have to deal with the additional costs of litigation because of a poorly drafted DIY will. While it cannot be denied that making a DIY will is the...

Declaration of trust - is it worth it?

If you are looking to buy a property with someone and will be contributing unequal amounts you may be considering a Declaration of Trust.  But what is it, and is it worth it? A Declaration of Trust is a legal document that confirms the actual...

The use of trusts in wills

We are all well aware of the need to have a professional will in place to make things easier for loved ones, but a well written will can also protect your estate from forces that may otherwise be beyond your control. Trusts have been used for a number of...

The residence nil rate band and its impact on farmers

The Conservative Government’s 2010 manifesto said they would raise the inheritance tax threshold to £1m.  In 2015, a similar promise was made, with the words ‘effective inheritance tax threshold’.  But is this a...

The residence nil rate band and how it may it affect you

The current amount you can leave without inheritance tax (IHT) becoming payable is £325,000.  This is known as the nil rate band (NRB).  Amounts above this are taxed at 40%, subject to some exceptions such as gifts to charities.  Gifts...

Do obstructive caveators need to put their money where their mouth is?

Will disputes are on the rise. People are generally more aware that it is possible to challenge the validity of a will and/or to make a claim against an estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act...

Second marriages - an inheritance dilemma?

The number of people marrying for the second time or even third time is high than ever, but can bring difficult decisions. Second marriages often leave spouses torn between the need to provide for their present partner and ensure that children from their...

Getting paid for non-written instructions

Many forms of contract state that contractors or subcontractors who receive instructions orally rather than in writing will not be paid for the work they do as a result.  Formal contracts often contain a procedure that says any oral instructions...

Trustee investments...take advice

The role of trustee is not to be undertaken lightly, especially as trustees are personally liable should a beneficiary claim some form of negligence. Trusts are often created as a result of an instruction in a will, especially when someone wants to leave...

Maximum award ordered by tribunal via employer unaware of its legal obligations

When an employer proposes to make 20 or more employees redundant within a period of 90 days, it must fulfil its consultation obligations under S.188 of The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). The aim of consultation is to...

Small Business outlook

Government ministers have had a couple of months to settle into their new seats and there are two ministers, in particular, relevant to small businesses.  Sajid Javid MP is the Secretary of State for Business and Anna Soubry MP is the minister for Small...

Multi millionaire parent says 'let children fend for themselves' in unusual trust dispute case

An unusual case has been lodged at the High Court Chancery Division this week by the children of multi millionaire businessman, Manny Davidson. The children, Gerald, 54, and Maxine, 56, are attempting to change the structure of their trust fund and exclude...

What happens when there is no will?

As solicitors, we often get asked what happens when people die without making a will.  People are keen to understand whether assets will automatically be given to the next of kin.  Our reply is… “if only it were that simple!” ...

How much are mum and dad really worth

As a parent, you want to provide the best for your children and plan for their future.  As we all know raising a child/children is expensive, in the last two years the average cost of raising a child has increased by 15% from £133,848 in 2011 to...

Be careful what you promise - Court holds elderly man to promise to leave house to a relative

It may come as a surprise that assurances made to someone that they shall be left property in a Will can be binding, even though you may change your mind. In the recent case of Bradbury v Taylor and Burkinshaw, elderly widower, Bill Bradbury, asked his...

Can a 'bootiful' life turn ugly? Bernard Matthew's case highlights the importance of making intentions clear in your will

Following the death of Bernard Matthews, the famous Norwich turkey farmer, in November 2010, a dispute arose in relation to his estate which serves as a reminder to those who own property abroad to ensure that their testamentary papers clearly set out what...

Proprietary Estoppel

Succession planning is always an important consideration for any family. A recent court decision regarding inheritance planning, both on death and in relation to lifetime trusts, has put the cat among the pigeons; confirming that not only farming families,...

Registration of land

The Land Registry started the registration of property in 1925 and gradually since then an increasing amount of land has been registered. Compulsory registration, initially restricted to sales and long leases, was phased in on a regional basis and in recent...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Landmark case reaffirms the importance of Lasting Powers of Attorney for health and welfare

People often feel that in making provision for future events they are somehow tempting fate.  No-one wants to dwell on what lies ahead and particularly the possibility of illness and eventual death.  Some of us will nonetheless make a will. ...

Lifes inevitabilities

The fact that you will need a funeral is one of life’s inevitabilities.  However, the cost of even the most basic funeral is out of reach for many people.  Funeral costs have risen, on average, by 7.32% per annum over the last five years...

Secret Trusts

Secret Trusts have been used to conceal gifts on death from public scrutiny. When someone dies, a Grant of Probate (if obtained) makes that person’s will a public document, available for public scrutiny. Originally, Secret Trusts were used for...

Will you be disinherited? A guide to the Inheritance (Provision for Family and Dependants) Act

A will can be challenged on many grounds including want of (formal) execution, the testator’s capacity (or lack of) and undue influence, but one question we are often asked is: “what can be done when someone has been ‘cut out’ of an...

Joint ownership - will it be as safe as houses?

Joint property can be owned in two ways; as tenants in common or as joint tenants. Tenants in common own a share in the property which means that they may deal with that share, for example upon the death of a tenant in common that share remains as part of...

Probate Disputes

Disputes concerning wills are becoming increasingly common for a variety of reasons. The increase in property prices over the last ten years means that an average person’s estate is worth more than ever before. We live in more complex family structures...

New Act Gives Flexibility - The Perpetuities and Accumulations Act 2009

Author: Bruce Hogarth-Jones To a mighty chorus of yawns from those who are not lawyers specialising in wills and trusts, this new Act was passed in 2009 and becomes law on 6 April 2010. What practical difference will it make? There are two main...

Lasting Powers of Attorney - The New Form

Author: Claire Read On 1 October 2009, the Office of the Public Guardian introduced the new Lasting Power of Attorney (LPA) forms. These are much shorter and simpler than the old style LPAs. Originally, the LPA forms were introduced to replace the more...

Family admits 'there is no Gately will'

The family of recently deceased boy band star, Stephen Gately, have finally conceded that no will was left before his untimely death last month. Gately’s civil partner, Andrew Cowles, was reportedly searching for the will with the help of a top London...

IHT Nil Rate Bands

The recent Inheritance Tax (IHT) change which allows the transfer of ‘unused’ nil rate bands from spouse to spouse or from civil partner to civil partner has been generally welcomed, but it has caused some consternation as determining the...