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Wills and Probate Category

09th February 2018
Most people, when asked to name a symptom of dementia, automatically think of memory loss - yet there is so much more to dementia than impaired memory. Dementia is not a natural part of our ageing process, it is a disease of the brain that can affect a person’s visual-spatial skills, orientation, emotions and language, as well as their ability to organise. In the UK…
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02nd February 2018
Understandably, many people are reluctant to think about their own demise, preferring to go through life never thinking about making a will – from a legal standpoint, however, it is important not only to make a will but also to give sufficient consideration to how best to avoid your will being challenged after your death. Wills can be contested for various reasons and there are…
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07th September 2017
Lasting Powers of Attorney (LPAs) were recently criticised by a retired senior judge who, in the foreword to his new book, warned he would never sign a LPA because of his concerns that the system leaves donors vulnerable to abuse by unscrupulous attorneys. But is this a fair assessment? LPAs are legal documents through which you, the donor, can choose whomever you wish to act…
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04th September 2017
For private client solicitors, one of the most important parts of the job is helping people ensure their final wishes are carried out according to their true intentions. From planning the inheritance of your estate, making provision for your family or passing on your treasured heirlooms, to deciding who is going to feed the cat – making a will can bring you peace of mind…
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04th September 2017
Choosing someone as your legal representative or executor is a very important decision. Often, sometimes for financial reasons, people decide to appoint a close family member or friend to manage the administration of their estate after their death or to handle their affairs should they lose their mental capacity and, more often than not, this does not create a problem. But what happens if the…
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15th June 2017
Not everyone gets excited about data protection – until, that is, it comes to light that miscellaneous personal information has been captured and secretively stored, or is being used in an alarming manner. You may be surprised to learn that the UK’s current electronic information legislation dates back to the last century: the oft-quoted Data Protection Act was passed in 1998, no less than 19…
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20th March 2017
  On 15th March the Supreme Court published its long awaited judgement in the case of Ilott v The Blue Cross and others. English Law recognises the freedom of individuals to leave their estate to whoever they choose. The only exception would be in circumstances covered by the Inheritance (Provision for Family and Dependents) Act 1975. This legislation enables the court to modify a will or…
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14th March 2017
The Ministry of Justice (MoJ) has recently confirmed that court fees charged for applications for a grant of representation after a death will be substantially increased later this year (May 2017), despite a public consultation that overwhelmingly opposed its proposed changes. The good news, for the 58 per cent of estates in England and Wales that are worth less than £50,000, is that fees will…
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23rd January 2017
The term ‘personal representative’ is a generic term that applies both to an executor of a will and a court-appointed estate administrator — but what exactly does being a personal representative entail? In short, the Administration of Estates Act of 1925 defines the role of a deceased’s personal representative as having a duty to collect and ‘get in’ the real and personal estate of the…
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10th November 2016
With Christmas rapidly approaching, our thoughts turn naturally to the subject of giving — perhaps you are considering gifting money to close family or to charity. In fact, one of the most efficient ways to mitigate your Inheritance Tax (IHT) liability is simply to give away accrued wealth whilst you are still alive. If you are in the enviable position of having substantial cash assets,…
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