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Why you should use a Lawyer to create a Lasting Power of Attorney (LPA) Part 3

Helen Cohen
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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...

Letters of Wishes explained

Hannah McGavin
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If you have made a Will, you can also consider writing a letter of wishes to accompany it. We look at the purpose of a letter of wishes and why it can be beneficial. A letter of wishes is a non-binding document that you can leave with your Will. You can...

Why you should use a Lawyer to create a Lasting Power of Attorney (LPA) Part 2

Olivia Kersey
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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...

What happens if an attorney under an LPA dies?

Amy Nelson
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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...

Why you should use a Lawyer to create a Lasting Power of Attorney (LPA) Part 1

Helen Cohen
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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...

Understanding Discretionary Trusts

Hannah McGavin
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Discretionary trusts are a common feature in estate planning, often set up through Wills to provide for loved ones on an ongoing basis. These trusts give trustees the power and authority to manage and distribute the trust's assets, making decisions...

I only need a simple Will, so why is it costing me so much? Part 4

Olivia Kersey
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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...

How do I find a lost Will?

Amy Nelson
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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...

I only need a simple Will, so why is it costing me so much? Part 3

Hannah McGavin
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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...

Unveiling the Chaos: Inside the Struggle to Reform Probate Services

Olivia Kersey
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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...

I only need a simple Will, so why is it costing me so much? Part 2

Olivia Kersey
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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...

Probate and estate administration - a glossary of terms

Amy Nelson
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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. ...

I only need a simple Will, so why is it costing me so much? Part 1

Helen Cohen
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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...

Understanding Mirror Wills: What They Are and Potential Drawbacks

Hannah McGavin
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When planning your estate, especially if you have a spouse or partner, you may come across the suggestion of creating mirror Wills. While mirror Wills are a common choice for couples, it's important to understand what they entail, and the potential...

The Importance of Legal Advice when dealing with Probate - Part 3

Olivia Kersey
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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...

I only need a simple Will, so why is it costing me so much?

Olivia Kersey
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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 Importance of Legal Advice when dealing with Probate - Part 2

Olivia Kersey
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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 Importance of Legal Advice when dealing with Probate - Part 1

Olivia Kersey
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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...

What is an executor allowed to do?

Helen Cohen
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After a death, the person appointed as the executor to the estate has a range of powers. We take a look at what tasks they are entitled to carry out and what they are not permitted to do.

6 key jobs when dealing with probate and an estate

Amy Nelson
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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. 

Can I help give a family member's instructions for a Will / Lasting Powers of Attorney?

Olivia Kersey
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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.

Should I use a solicitor for probate?

Helen Cohen
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Dealing with the estate of someone who has passed away can be complex and time-consuming. There are many reasons why you might want to use a solicitor or other legal professional for probate and the estate administration process. Personal Representative(s)...

New Power of Attorney Act 2023 becomes law

Olivia Kersey
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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.

Can you decline a legacy left to you in someone's Will?

Helen Cohen
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In some cases, there may be advantages to refusing a gift left to you in a Will. This blog will explore what these advantages could be and how you might decline a legacy or pass it to someone else with a deed of variation.

How to tell your children about divorce

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Going through a divorce is naturally an extremely difficult time, potentially bringing up many conflicting emotions, and worries about the future. When you’re going through this challenging period, you are also likely to be concerned about the impact...

What if the executor does not distribute the estate after probate?

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A Will allows you to determine what happens to your estate after you pass away, ensuring that assets are distributed to those that matter most. It is the role of an executor to oversee the distribution of assets to beneficiaries. But what happens if the...

Can you get compensation for breach of contract?

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In today's business landscape, contracts play a crucial role in helping to establish trust and maintain the smooth functioning of commercial transactions, whilst also protecting both party’s rights and entitlements. However, despite the best...

What is a cohabitation agreement?

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In modern Britain, it is becoming increasingly common for couples to choose not to marry. However, at present, couples who live together but are not married are not subject to the same legal rights as married couples. It is often a common misconception, that...

How to make a Will online

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A Will is one of the most important pieces of documentation a person can make in their lifetime. Drawing up a valid Will ensures that an individual’s assets are transferred to their loved ones or those that they wish as they intended, in the event of...

How are pensions divided in divorce?

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Going through a divorce and dividing up financial assets can be a difficult and emotionally challenging time for all parties involved. Once the divorce application has been submitted and provided that the application confirms that financial claims are to be...

Do I need a Court Order to Resolve Finances within Divorce?

Danielle Dyer
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It is often a common misconception that once a divorce is made final (previously known as absolute), this also means that any financial arrangements you and your former spouse have made together is also final and binding. This is not the case, unless the...

How to protect your limited company from divorce

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Divorce is never easy, and it can be especially challenging for business owners who have worked hard to build and grow their business. One of the key concerns will be whether or not the business is protected in the event of a divorce. Business owners are...

Can Adult Children claim under the Inheritance (Provision for Family and Dependants) Act 1975?

Danielle Dyer
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The short answer is yes. An adult child does qualify to be able make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’). Whether that adult child’s claim has any prospect of success is another question...

What is the difference between marriage and civil partnership?

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You may be considering taking the next step in your relationship and committing to a legally binding partnership. However, it is important to be well informed about the options available to you in terms of choosing to be married or entering into a civil...

Separation and Divorce - What Happens with the Family Home and the Mortgage?

Danielle Dyer
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Having those initial thoughts and discussions when first deciding to separate, and how to separate, can be very daunting and worrisome, with many people wondering what happens with the mortgage on the family home and who will be responsible for paying it. ...

Parental Alienation

Rachael  Chadwick
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The BBC have reported that children have been forced into contact with fathers accused of abuse (including fathers who were convicted paedophiles). In all of these reported cases contained within the BBC’s investigation, the father had disputed...

Paying Inheritance Tax

Helen Cohen
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For those dealing with someone’s estate after their death, the Inheritance Tax bill can come as a nasty shock. Some Inheritance Tax may need to be paid before a Grant of Probate or Letters of Administration will be issued, which can sometimes create...

Dealing with your business in your Will

Amy Nelson
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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...

School Holidays: Reaching Child Care Arrangements When Separated

Danielle Dyer
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School Holidays: Reaching Child Care Arrangements When Separated School Holidays are often a special time where parents and children have the opportunity to spend quality time together. Following a separation, considering and deciding on the...

Surviving spouse's initial entitlement on Intestacy raised to £322,000

Helen Cohen
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The government has raised the amount a spouse or civil partner can inherit if their partner dies without having made a Will (or with a Will that is invalid). As of 25 July 2023, the statutory legacy figure has increased from £270,000 to...

Gifting my home to save Inheritance Tax - is it a good idea?

Amy Nelson
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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...

The rule against self-dealing in estate administration

Helen Cohen
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Executors who are dealing with the administration of an estate after someone’s death need to be careful not to breach the legal rules designed to protect beneficiaries. This includes not buying assets from the estate. Known as...

Leaving money in your Will to your children and grandchildren

Hannah McGavin
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Parents usually want to leave their money to children and grandchildren in their Will. There are different ways to pass on wealth and we take a look at the some of the options and implications. It is important to think carefully about how you want to...

Steep rise in estates worth £1 million or more

Amy Nelson
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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...

How long does an LPA last and can it be ended?

Hannah McGavin
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A Lasting Power of Attorney or LPA gives legal authority to a trusted friend or relative to make decisions and deal with the affairs of someone unable to do this for themselves. It is always recommended that people prepare LPAs as soon as possible, whilst...

Obtaining Probate for someone domiciled outside the UK

Helen Cohen
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If you are dealing with the estate of someone who has died, you will often need to obtain a Grant of Probate. If the deceased was British and had assets in the UK but was domiciled overseas, you may still need to apply for this. Whether or not you need a...

Joint Buyer Sole Proprietor mortgages

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With increasing financial input from parents and other family members to help young people onto the property ladder, Joint Buyer Sole Proprietor mortgages are a popular option. We take a look at how they work and what they entail. For many young people,...

BakerLaw LLP in Farnham Launch New Online Wills

Helen Cohen
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At BakerLaw, we are always looking to provide the best for our clients –  not only in the customer experience we deliver, but also in the services we are offering.  For some time, our Wills , Powers of Attorney ,  Trusts ...

Dealing with digital issues after death

Amy Nelson
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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...

How long can an Executor wait before distributing an estate?

Helen Cohen
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If you have been left a legacy in someone’s Will, or you are inheriting from someone who did not leave a Will, you may be wondering how soon your entitlement will be paid to you. We take a look at the Probate process and why Executors or...

What is the difference between an employee and a contract worker?

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Whether a worker is an employee or a contractor can be an important distinction, with certain rights and responsibilities attaching to employment status, including in respect of unfair dismissal and redundancy payments. Employees work under a contract of...

What to do if your property has asbestos

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Many properties have asbestos present in places such as walls, insulation, piping, and garage roofs. It is no longer legal to use asbestos when constructing property and it cannot generally be removed by someone without a licence. If you have asbestos...

Changes to Leasehold Legislation

Kevin Duffy
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Long-awaited reforms to the law surrounding leasehold property will start to take effect in 2022 as the government seeks to make matters fairer for leaseholders. Problems for those owning leasehold property have increased over recent years, with the some...

Modernising Lasting Powers of Attorney

Helen Cohen
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With the current Lasting Power of Attorney (LPA) system having come into effect in 2007, the government consultation on reforming the process is welcomed by many who are concerned about protecting those who lose mental capacity to manage their affairs....

Unexpected reasons why your Will might be invalid

Hannah McGavin
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Having a Will is crucial in ensuring your loved ones will be cared for in the future in the way that you want. However, it is easy to make an error in making or signing and witnessing a Will, meaning it could be invalid. If your Will is not considered...

Updating your Will - Half of Wills in the UK are 'out of date'

Helen Cohen
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Research done on behalf of Solicitors for the Elderly (SFE) has found that almost half of UK adults who have a Will have not updated it for more than five years. SFE is a national association of independent lawyers who specialise in legal matters for the...

Changes to EPC rules could be expensive for landlords

Kevin Duffy
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Energy Performance Certificates, or EPCs, give an energy performance rating for properties, with the most energy efficient properties being awarded an A rating while the least efficient are rated as a G. Current legislation requires landlords to achieve a...

Dementia and Lasting Powers of Attorney

Helen Cohen
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A Lasting Power of Attorney authorises a trusted friend, relative or professional, to make decisions on someone’s behalf, should they lose the capacity to do this themselves, or should they need assistance with managing their affairs. If an individual...

Taking on an apprentice

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Taking on an apprentice can be advantageous for businesses, providing them with training in the skills the organisation needs and to the standards required. It is a good opportunity to invest in a new and motivated worker for the future. As an employer,...

Trialling the four-day work week

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A trial of the four-day work week is set to go ahead in the UK from June 2022 as 60 businesses and over 3,000 employees take part in a pilot scheme. The scheme is being coordinated by 4 Day Week Global, think tank Autonomy, the 4 Day Week UK Campaign and...

Is a Will a private document?

Amy Nelson
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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...

Who is responsible for the damage when trees and fences blow down in a storm?

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With UK weather becoming more extreme, homeowners are having to deal with an increase in damage caused by trees and fences being blown down. We take a look at who is responsible and how to deal with a storm damage insurance claim. The UK has seen an...

Should you extend your home or move house?

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As your needs change over time, you may find you wish you had more space or a different type of space at home. We take a look at whether it might work best to extend your existing accommodation or whether moving house would be a better option. If you have...

What happens if a beneficiary is bankrupt?

Helen Cohen
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If you are dealing with the estate of someone who has died, you need to check whether any of the beneficiaries have been declared bankrupt. If you mistakenly distribute part of the estate to a bankrupt beneficiary, the trustee in bankruptcy could bring a...

BakerLaw LLP - Proud supporters of Phyllis Tuckwell Hospice, Farnham

Helen Cohen
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BakerLaw LLP Solicitors, Farnham - Proud supporters of the Phyllis Tuckwell Make a Will Month 2022 BakerLaw Solicitors are very proud to have successfully supported the Phyllis Tuckwell Hospice ‘Make a Will Month 2022’. Due to our Will...

Should I prepare my Will with a lawyer? - How a property mogul's £100 million Will failed because he didn't know what it contained

Hannah McGavin
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  The Will of a wealthy property investor has been overturned by the High Court on the basis that he did not know and approve of the contents. Property tycoon Kevin Reeves, raised as an orphan in a convent, built up an empire valued at £100...

What to do if an Executor is not taking steps to administer an estate

Amy Nelson
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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...

Personal risks in being an executor

Helen Cohen
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The executor to an estate has the job of winding up someone’s affairs after their death. It is a job that involves both responsibility and personal financial risk. After someone has died, their executor, named in their Will, has the role of...

Creating a more eco-friendly home

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As people increasingly look at ways to reduce their carbon footprint, we examine some of the best ideas for making your home more eco-friendly. The average UK home takes a shocking 50 tonnes of CO2 to build, with an additional 27 tonnes every year to heat...

Right of first refusal when landlord sells the freehold

Mark Ridley
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If you own a leasehold property and your landlord is thinking of selling the freehold, you may have the right of first refusal to purchase it. There are a number of advantages for leaseholders when they also own the freehold in their building, so purchasing...

BakerLaw, Farnham proud supporters of Phyllis Tuckwell Make a Will Month

Helen Cohen
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Make a Will that makes a difference Bakerlaw Solicitors are very proud to be supporting the Phyllis Tuckwell Make a Will Month 2022. During the month of April, our Wills specialists will be providing their services free of charge to help you create a new...

Probate fee increase and what it means for a lay executor

Hannah McGavin
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Probate fees increased in January 2022 to a single flat rate of £273 for all applicants. This replaces a system that had two different fees, namely £215 for individuals applying for probate themselves and the reduced fee of £155 payable...

Homes are selling up to two times faster than pre-pandemic

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The time taken to sell a house in 2019 was more than twice as long as in 2021. In 2019, it took an average of 69 days for an acceptable offer to be made, whereas in 2021 the time was down to just 27 days. Online searches for ‘houses for sale’...

BakerLaw successful with Lexcel re-accreditation

Gemma McBride
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Following an independent assessment in January, BakerLaw is pleased to announce the firm has passed the re-accreditation process retaining its quality mark for practice management and client care. What is Lexcel? Lexcel is The Law Society’s legal...

The five most expensive divorces of all time

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As Bill and Melinda Gates ponder how to divide around $130 billion in assets, we take a look at the five most expensive divorces so far. 1. Jeff Bezos and MacKenzie Scott divorce 2019 - $38 billion When the founder of Amazon and wife MacKenzie Scott...

What are your rights when your new home isn't up to scratch?

Mark Ridley
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Problems often arise with new build properties and it is standard practice to compile a list of snagging items that need dealing with when you move into your new home. But what happens when the problems are more serious? It is expected that there will a...

What can an attorney do under a Lasting Power of Attorney?

Hannah McGavin
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If you have been appointed as someone’s attorney under a Lasting Power of Attorney you will have the authority to make certain decisions on their behalf. There are two types of Lasting Power of Attorney – one in respect of property and financial...

Mediation vs court: mediation is the way forward

Danielle Dyer
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With family courts experiencing a substantial backlog and the government supporting mediation with a new voucher scheme, mediation is likely to become more widely used in the future. It is already the case that when dealing with financial affairs and...

Paying bills and expenses after someone dies

Amy Nelson
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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...

The new 'no-fault' divorce law

Wendy Armstrong
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 In April this year, the law regarding divorce is set to change to allow couples to divorce without any blame attaching to either party. The Divorce, Dissolution and Separation Bill has been given Royal Assent and is set to be implemented in April...

New build homes to have electric vehicle chargers from 2022

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The Prime Minister has announced that as from 2022, all new build homes in England will have to have electric vehicle (EV) charging points. The new law means that up to 145,000 new charging points will be created each year. The legislation will also apply...

Should I add a codicil to my Will or make a new Will?

Hannah McGavin
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Over time, you may need to make changes to your Will. You have the option of adding a codicil or making a new Will. It is recommended that you review your Will at least once every five years as well as in the light of any major life events, such as buying a...

Enforcing restrictive covenants in respect of a property

Mark Ridley
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Many properties have restrictive covenants included in their title. These restrict what can be done at the property. If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.

Inheritance tax - lessons to be learned from celebrity mistakes

Hannah McGavin
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With the usual rate of Inheritance Tax standing at 40%, there is a risk that your estate could be seriously depleted unless you make plans to legitimately minimise the amount that will be payable. When Philip Seymour Hoffman died in 2014, he left a Will...

Which takes priority, an LPA or an advance decision?

Helen Cohen
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Lasting Powers of Attorney (LPA) and advance decisions give authority to others to make decisions about your care on your behalf, should you need this help in the future. Both documents are for use in the event that you become unable to make decisions for...

Care fees and care fee planning

Amy Nelson
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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...

Arranging child contact over Christmas

Wendy Armstrong
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Contact arrangements over Christmas can be a source of tension, particularly for the non-resident parent, who will want to spend some meaningful time with their child during the festive season. Christmas is known for being a stressful time for families,...

Setting up a Power of Attorney: A step by step guide

Hannah McGavin
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A Lasting Power of Attorney is an important document giving someone the authority to deal with your affairs, should you ever become unable to do so yourself. There are two types of Lasting Power of Attorney (LPA), one that deals with property and financial...

Six common misconceptions about Wills and probate

Amy Nelson
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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. ...

Court of Protection and deputyship

Amy Nelson
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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...

What happens if you do not want to take up the role of executor?

Hannah McGavin
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It is sometimes the case that the person named in a Will as the deceased’s executor is unable or unwilling to take on the role. The task of executor can be complex and time-consuming. It involves identifying and valuing all of the deceased’s...

Parental responsibility

Wendy Armstrong
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Parental responsibility is defined as all of the rights, duties, powers, responsibilities and authority which a parent has in relation to a child and their property. Not every parent has parental responsibility, however if your child’s other parent...

Do I need permission from my ex to take my child on holiday?

Danielle Dyer
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With the travel restriction shake up and the October half term only weeks away, many of us will start to think about going away somewhere with our loved ones.  It is the time of year people look to go on holiday, but for those who are...

Intestacy explained

Amy Nelson
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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...

Dealing with financial affairs after someone has died

Hannah McGavin
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After someone dies, their executor or administrator will be responsible for finalising their financial affairs. This involves collecting all of their assets and belongings and either selling them or transferring them in accordance with their Will or,...

Will checklist

Amy Nelson
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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, you can include your funeral...

Using a deed of variation to change the terms of a Will

Amy Nelson
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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...

Am I entitled to maintenance when getting divorced?

Danielle Dyer
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Finances can be a major source of anxiety during a divorce . We take a look at whether you will be entitled to receive spousal maintenance payments . This is separate to that of child maintenance. When a couple divorces, one party may sometimes be ordered...

Do grandparents have a legal right to see their grandchildren?

Wendy Armstrong
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Grandparents often play a beneficial role in their grandchildren’s lives. However, if the relationship between a grandparent and their children breaks down, it can mean that they may lose out on seeing their grandchildren. Grandparents do not have...

How quickly do I need to apply for probate after someone dies?

Hannah McGavin
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After someone dies, their personal representative will generally need to apply for a Grant of Probate or, if they did not leave a Will , a Grant of Letters of Representation. This is the legal authority that will enable them to wind up the deceased’s...