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)...
Baker Law Legal Blog
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.
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.
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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. ...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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,...
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 ...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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 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,...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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 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...
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’...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
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...
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...
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,...
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...
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...
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 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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
There is no strict formula for dividing assets in divorce, with the court having a duty to consider all the circumstances of the particular case. The court’s first and paramount consideration will be the welfare of any children of the family under...
Divorce, by its very nature is a highly emotive and difficult time for couples which involves, for many, deciding upon arrangements for their children and how their assets are to be divided. But what should happen to the family pet upon divorce. This has...
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...
After the long-awaited separation of the UK from the European Union, you may be left wondering how employment laws could change and the affect it could have on managing your employees . From 31 December 2020, the European Court of Justice (ECJ) can no...
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...
From today, if a Claimant commences ACAS Early Conciliation, the conciliation period will last for a standard period of six weeks unless brought to a close sooner by either party indicating that it does not wish to conciliate or on reaching a legally binding...
Following on from yesterday’s blog confirming the extension of the Coronavirus Job Retention Scheme (CJRS) until 31 March 2021, the Guidance is now available. In addition to the key points and changes identified in our ...
The Chancellor announced an extension to the availability of the Coronavirus Job Retention Scheme to 31 March 2021. The reason for the extension is based on evidence of the economic effects of COVID-19 on business lasting longer than the duration of the restrictions.
The Court of Appeal’s recent decision in Robinson v DWP has clarified what an employee will need to show to succeed in a claim for discrimination arising from disability . The Court of Appeal decision means that tribunals must look at the...
In Sullivan v Bury Street Capital Limited [2020] UKEAT/0317/19/BA, the Employment Tribunal has accepted that a Claimant had paranoid delusions for a certain period, but found that those delusions were not expected to have a substantial and long term...
The UK public, when encountering a commercial dispute, often think that Trading Standards will be a lifeline for their claim and make the process quicker and easier. But is this accurate and who are Trading Standards? In reality what can they do? Trading...
With all the uncertainty caused by COVID-19 and increasing unemployment rates, being told that your employment is ending will undoubtedly be a distressing and worrying time. Some employers are offering Settlement Agreements (a legally binding agreeing...
Statutory redundancy payments (what the law says an employee is entitled to be paid if they have been continuously employed for 2 years and are made redundant) are calculated based on an employee’s length of service, their age and a...
Update correct as at 6 August 2020 The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates...
The Employment Appeal Tribunal (EAT) has ruled that employees can pursue an unfair dismissal claim even though no compensation may be awarded, provided the claim has a reasonable prospect of success. In Evans v London Borough of Brent , Dr Evans...
Landlords will be pleased to hear that not serving a gas safety certificate before a tenant goes into occupation at a property is no longer fatal to their chances of serving a valid section 21 notice to evict the tenant. The decision of Caridon Property...
A recent article in The Guardian shows the dangers of giving the wrong account details when arranging bank transfers. The article reports that the client was in discussions with the solicitors dealing with his late father’s estate, regarding the...
Divorce laws in England and Wales are finally set to change after the Divorce, Dissolution and Separation Bill passed its third and final reading in the House of Commons on 17th June 2020. The bill will reform the traditional fault-based system by...
Have you ever been asked to guarantee a loan so that your friend or someone in your family can borrow money? Or have you guaranteed a loan to help someone? It is not unusual for people to ask those close to them to do this and most will agree so that they...
Last month volunteers from local football club Bourne Blades ran and cycled the distance from John O’Groats to Land’s End in a virtual relay to raise money for two local charities. An initial group of 30 volunteers, including three members of the...