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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...

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...

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...

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...

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...

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...

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...

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...

12-week consultation into the digitisation of LPAs begins

Amy Nelson
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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 & the legal protections we should all have in place

Amy Nelson
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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...

The perils of 'DIY' wills

Amy Nelson
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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...

One wrong digit and my inheritance was gone

Hannah McGavin
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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...

Changes to court probate process due to coronavirus

Amy Nelson
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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 March 2020, 89 courts...

Effect of coronavirus on signing wills

Amy Nelson
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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,...

Extended working hours to enable flexible remote appointments

Amy Nelson
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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...

NHS Discount

Amy Nelson
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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...

Coronoavirus - do I have my affairs in order?

Hannah McGavin
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Has the Coronavirus (Covid-19) made you stop and think ‘Do I have my affairs in order?’ With more and more cases of Covid-19 being diagnosed every day, the country is preparing to implement social distancing measures. This may bring forward...

Did the 'Queen of Soul' leave a valid Will?

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Did the ‘Queen of Soul’ leave a valid Will? Aretha Franklin died on the 16th August 2018 at the age of 76 after an ongoing battle with pancreatic cancer. Recent news reports have now revealed that a handwritten Will has been discovered under a...

Why use a Solicitor to write your Will?

Hannah McGavin
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Why use a Solicitor to write your Will One of the benefits of using a solicitor to write your Will is the level of protection and security that there is for the client. There are many unregulated options available to write a Will, including DIY Wills,...

Who will make the decisions if you can't?

Hannah McGavin
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Who is going to make decisions for you when you can’t? The answer may surprise you…. If something was to happen to you and you couldn’t make decisions about your finances or personal wellbeing, your family or friends would be able to...

When do you need a Lasting Power of Attorney?

Amy Nelson
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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,...

Could saving now cost your family dearly in the future?

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As we all feel the pressures of rising costs, it is easy to forget the importance of ensuring that our families are provided for, should something happen to us. Wills are probably one of the most important documents we make, the contents of which have a...

Business owners - who will run your business if you can't?

Amy Nelson
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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...

Financial Abuse of the Elderly

Amy Nelson
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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...

Attorney Support Newsletter - Winter Edition 2018-19

Amy Nelson
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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...

Attorney Support Newsletter - Autumn Edition

Amy Nelson
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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...

LPA Refund Success!

Amy Nelson
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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...

The Incapacity crisis - a nation unprepared

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For many of us life is incredibly full with a number of pressures on our time, whether that is looking after children, running a household and/or business, working as well as maintaining relationships and caring for our older relatives.  As a society we...

Carers: Who cares when you can't?

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This week is Carers Week which is an annual campaign to raise awareness and highlight the challenges carers face.   There are approximately 6.5 million people in the UK who are caring for a friend or family member.  It is extremely important...

Engaging with Ageing - Advice Service

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Debbie Duggan, an Associate in our Private Client Department has teamed up with Alastair Shanks of Right at Home and Roseanne Finch, Manager of TGA Living to provide an advice service specifically for older people in Farnham and the surrounding areas. ...

Take action during Dementia Action Week

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The Alzheimer’s Society have reported that there are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. This will soar to 2 million by 2051. This week is Dementia Action Week and The Alzheimer’s...

Barbara Windsor - Living with Alzheimer's

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Being of a generation who have fond memories of watching various films featuring Barbara Windsor, I am saddened by the  news that Barbara has been living with Alzheimer’s disease and my thoughts are with Barbara and her family whilst they continue...

Haven't got around to making a Will?

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If you haven’t yet got around to making a Will why not take this opportunity to do so?  If, like me, you are wondering where 2018 is disappearing to as we near the end of February, it may be an opportunity to think about when you made your...

Do I qualify for a refund on my registration fee for my Power of Attorney?

Amy Nelson
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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 entitled? The Government have announced...

BakerLaw awarded Wills & Probate UK Law Firm of the Year

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I am pleased to announce that BakerLaw LLP has been awarded the Lawyer Monthly Legal Awards 2017 Wills & Probate UK Law Firm of the Year.  Debbie Duggan, Head of the firm's Private Client Department said: “I am delighted with the...

Press Release - Lasting Powers of Attorney

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Head of Private Client Debbie Duggan  has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. Her article was published in the Farnham...

BakerLaw LLP Supports Phyllis Tuckwell's 'Make a Will Fortnight'

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BakerLaw LLP is participating in Phyllis Tuckwell’s 'Make a Will Fortnight'. From 11 th  to 24 th  September 2017 our Associate, Debbie Duggan can write a basic Will for you, or update an existing one, in return for a...

Law Commission proposes Wills overhaul

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The Law Commission has announced that they are holding a wide ranging consultation in order to bring the current laws surrounding Wills in line with the modern world. A number of measures have been proposed including changing the term ‘Testator’...

Dementia Friends News!

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Dementia Friends is a social movement created to tackle the stigma and lack of understanding which mean many people living with dementia can face social issues and exclusion. Today, 27 th  June, Dementia Friends are celebrating reaching 2 million...

Dementia Awareness Week 2017

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5 things you should know about dementia 1. Dementia is not a natural part of ageing - Over 40,000 people under 65 in the UK have dementia. 2. Dementia is caused by diseases of the brain - Dementia is not usually passed down through genes. 3. Dementia is...

Dementia Awareness Week 2017 runs from 14th to 21st May!

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Alzheimer’s Society is asking everyone across England, Wales and Northern Ireland to unite against dementia. Dementia is set to be the 21st century's biggest killer. But awareness and understanding remains low and many families are facing it...

The Residence Nil Rate Band

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Under the new inheritance tax rules for deaths on or after 6th April 2017 a new “residence nil rate band” has been introduced. In certain circumstances this new rule could eventually allow estates worth £1 million to pass free of...

Avoided increase in the probate fee

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The Government have today announced that the planned increase in the probate fee will not now take place in May as planned.  Currently the probate fee is a flat fee for estates over £5,000 of £155 if a solicitor completes the process. ...

Debbie Duggan Awarded Step Qualification

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BakerLaw are proud to announce that Debbie Duggan, Head of Private Client, has recently obtained a Distinction in the STEP Advanced Certificate in Advising Vulnerable Clients. STEP is the Society of Trust and Estate Practitioners and ensures a high...

Survey says - people prefer solicitors to write their wills

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Survey says - people prefer solicitors to prepare their wills A recent survey by Will Aid has shown that in the last year 62% of people who made a Will used a firm of solicitors to do so.  Debbie Duggan, Head of Private Client at BakerLaw, is...

How safe are your Will wishes?

Amy Nelson
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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...

BakerLaw LLP Private Client Advice-Line NEW NUMBER

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BakerLaw LLP is delighted to advise you of the re-launch of our dedicated ‘Private Client Advice-Line’ which has been setup to provide support to the elderly, vulnerable and their families.  By calling the number below you will...

Special New Year Offer....

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Special New Year Offer.... Will and one Lasting Power of Attorney   Make a single Will and one Lasting Power of Attorney for £499 inclusive of VAT (court fee £110 excluded).  Saving over £130 on usual fees. Offer...

Probate application fees set to increase

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Changes in the law, which come into effect on 22/04/2014, will mean those looking to apply for a Grant of Probate will need to pay increased fees. At present, the total application cost is £105 for those making a personal application to the Probate...

Free Inheritance Tax Planning Seminar

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Free Inheritance Tax Planning Seminar 10.30am Tuesday 18th March BakerLaw LLP and Charles Derby Independent Financial Advisers are running a joint seminar aimed at protecting you if your total assets, including your home, amount to more than...

An introduction to claims under the Inheritance (Provision for Family and Dependants) Act 1975

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What Does the Act Provide Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 ("the Act") enables certain categories of persons to apply to the Court for an Order under Section 2 of the Act on the ground that the...

Governemnt decision to leave Will Writing unregulated leaves consumers at risk

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The Law Society was dealt a disappointing blow following the government's decision to continue to not regulate will writers. Last week's decision came after the Legal Services Board (LSB) advised the government to rectify the existing laws to help...