The Law Commission published an update on its “Wills Project” a couple of weeks ago, building on its initial consultation piece back in 2017. The original consultation made a passing reference to predatory marriage. The supplementary paper has...
It is becoming increasingly common for people, usually disgruntled beneficiaries who are not inheriting as much as they had hoped, to challenge the validity of a Will. If you have been appointed as an Executor of an Estate where a Will is being challenged,...
On 5 October 2023, the Law Commission published an update on its wills project in the form of a supplementary consultation to its initial consultation (which was published as far back as 2017), this time with a particular focus on electronic wills. Given...
It is not unusual for people to have children from different relationships and ‘illegitimate’ children born outside of marriage. Whilst blended families are increasingly common and often have positive relationships, unfortunately, there can...
It is not uncommon for people to make wills in terms that may seem unfair, or even irrational. Family members can be left wondering whether the will actually represented the person’s wishes, or if anything can be done about it. In a recent case the...
The Administration of Estates Act 1925 (as amended by the Trustee Powers Act 2014) (Fixed Net Sum) Order 2023 came into force on 26 th July 2023, amending the statutory legacy under the Intestacy Rules (‘the Rules’) to which the surviving...
The Competition and Markets Authority (CMA) has launched an investigation into the UK’s unregulated market surrounding the provision of legal services, such as will-writing, online divorce, and pre-paid probate services. According to their...
A recent case involving a mother and daughter, Norma Gibbons and Dawn Gibbons, highlighted the fragility of relationships and the importance of getting good solid advice when making decisions that may well affect your future. The background Before...
What is laches? Laches operates as a defence to a claim, and it is often understood to mean ‘delay’. In fact, laches is more than simply delay. The recent case of James v Scudamore [2023] EWHC 996 (Ch) sets out four propositions that form...
In order for a will to be valid, a testator must have the requisite mental capacity. Capacity is one of the most commonly used grounds for challenging a will. The recent case of Baker v Hewston gives an insight into how judges approach this complex...
During a marriage or civil partnership, and while partners are not permanently separated, individuals can transfer assets between themselves without CGT arising. In essence, the other partner is treated as acquiring the assets (or interest in the asset) for...
If you already have a Will in place, this is something to be congratulated, especially with recent statistics suggesting that somewhere between 50% to 60% of adults in the UK do not have a Will at all. That being said, for those who have an existing Will,...
In the most recent study conducted in September 2020, 59% of UK adults have not written a Will, which amounts to around 31 million UK adults. Whilst everyone is different and has their own reasons for not doing so, there are some common reasons why...
Care fees are often an issue not considered until care is required. They are an issue that benefit from being given some thought before this stage and also that remain difficult to navigate for those paying them and for families who are just trying to help...
HM Courts & Tribunals Service have recently announced changes in how to apply for, and extend, a caveat. A caveat is a written notice that prevents a Grant of Probate or Grant of Letters of Administration being issued until the caveat is removed....
In the summer of 2021, the Court of Protection introduced an online case management pilot scheme, designed to speed up the process of obtaining a Deputyship Order. A Deputyship Order is required when someone loses the capacity to make some or all decisions...
The UK has the joint 4 th highest rate of Inheritance Tax (IHT) in the world at 40%. Japan tops the table at 55% whilst New Zealand, Portugal, and Sweden (among others) have a 0% Inheritance Tax rate. HMRC received £6.1 billion from IHT alone in the...
We recently attended a Court of Protection masterclass, and one of the topics discussed was the procedure for the recognition of a Deputyship Order in Italy. A Deputyship Order is a type of court order that is made by the Court of Protection. It...
Administering the estate of a deceased loved one can be traumatic and even more so when faced with financial organisations that create obstacles to moving the administration forward. In this blog, Esther Woodhouse reaches out to those having had similar...
The question of who your children are may seem a simple one. However, in the modern world where family dynamics are becoming increasingly complex, it is important to guarantee that the legal definition of “children” aligns with your personal...
