If someone has lost the ability to make their own decisions, it may be possible to have a Will made on their behalf. This is known as a statutory Will. It is sometimes the case that an individual may no longer be able to manage their own affairs and they...
Older people can be particularly susceptible to financial abuse. In this blog we look at the forms it can take and some of the steps that can be taken to safeguard vulnerable individuals. Financial abuse of the elderly can take many forms, from petty...
After someone’s death, their personal representative will have the task of disposing of their possessions. For some assets, such as a house, it is necessary to obtain a Grant of Probate or, if the person who died did not leave a Will, a Grant of...
When a Grant of Probate or Letters of Administration is required following a death, you must obtain this before you can begin collecting in and selling the estate assets. For example, you will not be able to sell a property until you have the Grant. In this...
Creating a Lasting Power of Attorney (LPA) is more complex than many people realise. While it may seem like a straightforward process, there are numerous legal technicalities and potential pitfalls that can arise when attempting to do it without professional...
Having a Lasting Power of Attorney (LPA) in place gives you the security of knowing that someone will be able to deal with your affairs should you ever lose the ability to manage them yourself. However, if an attorney dies, it can cause a problem. In this...
When it comes to estate planning, many people assume that creating a Will should be a straightforward and inexpensive process. After all, a Will is just a document that states who should inherit your belongings after you pass away, right? So why does it...
A Will is crucial in making sure that an estate passes to the right people after someone dies. But sometimes it can be hard to locate a Will. If you're faced with this situation, here’s a guide on what steps to take when a Will isn’t...
Probate is the legal right to deal with someone’s property, money, and possessions when they die. To obtain probate the executor of a Will or next of kin must apply to the probate registry. The performance of the probate registry in England and Wales...
When it comes to estate planning, many people assume that creating a Will should be a straightforward and inexpensive process. After all, a Will is just a document that states who should inherit your belongings after you pass away, right? So why does it...
Handling an estate after someone passes away can be overwhelming, especially with all the legal terminology involved. To make the probate and administration process clearer, we've compiled some of the most commonly used terms and their explanations. ...
The legal process of administering an estate after someone passes away can be complex and challenging to navigate, particularly for individuals attempting to handle it without professional assistance. In this collection of legal blogs, we present a series...
When it comes to estate planning, many people assume that creating a Will should be a straightforward and inexpensive process. After all, a Will is just a document that states who should inherit your belongings after you pass away, right? So why does it...
The legal process of administering an estate after someone passes away can be complex and challenging to navigate, particularly for individuals attempting to handle it without professional assistance. In this collection of legal blogs, we present a series...
The legal process of administering an estate after someone passes away can be complex and challenging to navigate – particularly for individuals attempting to handle it without professional assistance. In this collection of legal blogs, we present a...
If you are dealing with the administration of the estate of someone who has died, you will have a long list of tasks to carry out. We take a look at some of the key jobs involved in dealing with probate and estate administration.
Many of the enquiries that lawyers receive often come from relatives on behalf of their elderly or vulnerable family members. Writing a Will or creating Lasting Powers of Attorney can sometimes be a daunting task, so many families wish to come along to offer support during the appointment. However, there comes a point when the family member may be asked to step out of the meeting room so that the lawyer can speak with the person making the document alone. This is in their best interests as well as the family member’s and is nothing to be worried about.
A new bill aimed at speeding up and simplifying the registration of Lasting Powers of Attorney has been passed by Parliament. The Powers of Attorney Act 2023 became law on 18 September 2023.
If you are a business owner, it is particularly important to have a carefully considered Will in place so that you can be sure your business will pass to the right people when the time comes. If you pass away leaving no valid Will, then there is a risk...
For property owners looking to reduce their Inheritance Tax liability, gifting property and leasing it back could be a sensible option. With any Inheritance Tax planning exercise, it is vital that proper advice is taken on your personal circumstances. The...
Figures released by HM Revenue & Customs have revealed that the number of deceased estates valued at more than £1 million has risen by over one-third in five years. In 2013-14, there were 8,340 estates worth over a £1million, whilst in...
People are increasingly leaving a digital legacy after their death, as well as digital assets. We take a look at how to deal with the digital aspects of an estate. Dealing with someone’s online presence and digital matters after they have passed...
When you write your Will, you may be wondering whether it will remain a private document, or whether it is ever likely to become public knowledge. We take a look at the issues surrounding publication of Wills. After the death of Prince Philip, the High...
After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs. We take a look at what happens if they fail to carry out their role. The task of administering an estate can be time-consuming and is often...
After someone dies, part of winding up their estate involves settling all of their debts. As well as paying bills, there are expenses relating to their death, including funeral costs. When someone has died, their estate is liable for paying their...
If you or your spouse or partner need to move into care, the expense could use up a large part of your estate. While it is not lawful to deliberately deprive the local authority of funds, there are legitimate ways to protect your wealth so that it can be...
There are strict rules surrounding Wills and the administration of estates after a death, meaning that relying on some common beliefs could cause problems for your loved ones. We take a look at some common misconceptions and what the true position is. ...
If an individual loses the capacity to manage their own affairs and make important decisions and they have not legally appointed someone to act as their attorney, it may be necessary to apply to the Court of Protection for a deputyship order. When someone...
When someone dies without leaving a Will, they are said to have died intestate. There are strict rules governing who will inherit their estate, known as the Rules of Intestacy. **This article was edited on 26 July 2023 to reflect changes in the law that...
When you are having your Will drawn up, there is more to think about than simply whom you wish to leave your estate to. Below is a brief checklist of issues to consider when making your Will . Funeral wishes If you want to,...
A deed of variation can be used to change the provisions of someone’s Will after they have died. This can be used to distribute their assets in a different way in order to reduce the amount of Inheritance Tax that will be payable or to make provision...
Last week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care for you should you lose...
Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access...
A judge has ruled that Terri Tibbbles will inherit her father’s £300,000 estate after declaring a ‘DIY’ will allegedly written, and signed, days before his death as invalid. William Tibbles died in February 2018 leaving 5 children; 4...
The Coronavirus (Covid-19) pandemic is affecting all businesses and organisations across the nation; in particular, law firms are having to adapt to sudden changes to the Court systems. The Government announced that as of Monday 30th...
It has now become increasingly difficult for lawyers to ensure that the basic requirements of creating a valid will have been met given the current social distancing guidelines and requirements to stay at home. Under the current government guidelines,...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...
Not when you think you do. By the time people think about it, it is often too late. Lasting Powers of Attorney (LPA) are often only associated with the elderly, but mental and physical incapacity can happen at any time. Whether through illness or accident,...
If you are a business owner; do you know what would happen if you were physically or mentally incapable of running your business? Who would take over and step into your shoes? Many people create Lasting Powers of Attorney (LPA) for their personal property...
Choosing lawyers to handle the often complex probate process ensures a high level of service and expertise, plus it guarantees client protection. The probate process always involves numbers and often involves tax. Lawyers are conversant in...
Sadly, it's a stark reality that financial abuse of the elderly is becoming more and more prevalent. Recent data revealed that those aged over 65 are those most at risk from being targeted. When an Attorney starts to act on behalf of the Donor (the...
The latest edition of our Attorney Support Services newsletter is out now and the focus is on financial matters. The newsletter includes an article on financial abuse and what to look out for when protecting our loved ones. It also includes details of a...
The latest edition of our Attorney Support Services newsletter is out now. The focus is on Health & Welfare. It covers information on when an attorney can act under a Health & Welfare Lasting Power of Attorney and what types of decisions they can...
Following the Government’s announcement that it is possible to claim a refund on the registration fee for Powers of Attorney registered in England and Wales between 2013 and 2017, we wrote to all our clients to make them aware of the refund and...
BakerLaw were invited by local business, Berkeley Home Health, to present a Power of Attorney information session to their care managers at their Abbey Business Park office in Farnham. Berkeley Home Health are a specialist provider of home care services...
If you made a Lasting Power of Attorney (or registered an Enduring Power of Attorney) between 2013 and 2017 then read on as you could be entitled to a refund on your registration fee…. Who is...
You may have seen in the press that there has been a dispute which has spanned many years upon a person's right to vary a will. The case involves the daughter of the deceased on benefits where her mother had been adamant that she did not want her...