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...
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...
Estate planning is not an isolated task - life changes quickly and your estate planning should evolve with it. Below are our top 5 estate planning tips to help safeguard your assets, minimise inheritance tax and give you peace of mind for the future: ...
It’s good news that the government’s original proposal to introduce a “death tax” has been scrapped, as this would have seen grieving families pay up to £6,000 for probate. However, introducing a flat fee of £273 is still...
Parliament reacted slowly to the emergence of Covid-19 in this country when it came to will-writing. Despite the Government locking the country down in March 2020, it took Parliament until July 2020 to temporarily amend Section 9 of the Wills Act 1837 to...
The Treasury has written to the Office of Tax Simplification (OTS) in response to its second report on Inheritance Tax (IHT) and on its two Capital Gains Tax (CGT) reports. The second report on IHT had the aim of investigating and commenting on the...
