Private Client

 

Will my partner inherit everything when I die? A new change in the law does not dispel misconceptions about dying without a Will.

A change in the law gives spouses and civil partners more money when an individual dies without a will, but many misconceptions about who inherits remain.   When someone passes away in England and Wales without leaving a Will, they are deemed to...

The Importance of Using a Solicitor to Prepare a Will or assist with Probate - Competition and Markets Authority Investigate Online Will drafting and pre-paid Probate Plans.

The Competition and Markets Authority (CMA) have launched an investigation into online divorces, pre-paid probate plans and will drafting services which are provided by companies that are not solicitors. As reported by the BBC , complaints about these...

Former law firm McClure's collapse provides difficulties for those with 'Family Protection Trusts', but George Green may be able to help.

Scottish law firm, WW & McClure Limited, provided a variety of legal services including setting up ‘Family Protection Trusts’ which usually involved the settlor (the person who set up the Trust) transferring their home and investments into...

THE IMPORTANCE OF WILLS IN REDUCING POTENTIAL CLAIMS AND FAMILY DISPUTES

Did you know that only just over 40% people in England and Wales actually have a Will? Considering what you would like to happen to your assets when you pass away can be a taboo subject for some and a difficult topic to think about, however making a Will...

Upcoming deadline for registering trusts

What are the new rules? In 2017 the UK introduced new anti-money laundering regulations requiring certain trusts with a tax liability to be registered with HMRC’s new Trust Registration Service. In 2021 the Government expanded these rules so that,...

Estate Administration - How Can Our Private Client Team Help?

Suffering a bereavement of a loved one can be one of the most challenging times many of us go through during our lives. If your loved one left a will and named you as executor, you may wonder exactly what is expected of you.   Many people find it...

High Court rules that Prince Philip's Will must remain secret for 90 years

Following the death of HRH Prince Philip back in April this year, we discussed the possible contents of Prince Philip’s Will and considered to whom he may leave certain elements of his estate. We now know that for the next 90 years and possibly...

UPDATE - THE TRUST REGISTRATION SERVICE

On 1 September 2021, a major change in the registration of trusts came into force when the Trust Registration Service (TRS) – part of HMRC – opened for non-taxable trust registrations. Previously, it had only been necessary to register taxable...

Lasting Power of Attorney

Lasting Power of Attorney 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....

How long does it to take to receive the Grant of Probate?

The Grant of Probate (the “Grant”) is the legal document which gives you the authority as an Executor to deal with a person’s estate. You should receive the Grant within 10 working days of making the application. Unfortunately only 9% of...

How long do I have as an Executor to distribute an estate?

As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate. The Grant of Probate is the document obtained from the court which gives the legal authority for you to deal with the estate. You should...

Coronavirus - How do I ensure my Will is validly executed?

If you have the issue of coronavirus on your mind, you have likely been thinking about making a Will . The government is looking at whether to relax the requirements for validly executing a Will but at the moment, in order for a Will to be valid , it...

Covid-19 - Wills

We have seen a huge rise in enquiries this week for the preparation of new Wills and the review of existing Wills due to the Covid-19 crisis.  We always recommend that individuals have a Will in place and keep them up-to-date to ensure that their...

Should I appoint a sole executor and trustee?

An executor is a person you name in your Will to be responsible for sorting out your estate when you pass away.  If you set up a trust in your Will, a trustee is a person who will become the legal owner of the trust assets and manage them in...

What does the Court of Protection do?

The Court of Protection is a court based in London which makes decisions on financial or welfare matters for people who are unable to make their own decisions at a specific time as they lack mental capacity. It can make decisions and take action in respect...

Be careful when providing bank details for inheritance payments

A recent case highlights the importance of checking your bank details (and checking them again!). Peter Teich provided his name, address and Barclays account number to his solicitor in order to receive his £193,000 inheritance from his late father....

Intestate Estate Inheritance Limit Increased

How much can I inherit if my spouse or civil partner dies intestate? The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020 will come into force from 6 February 2020 and will raise the limit that spouses and civil partners with children can...

Court of Protection Gives Permission For Man To Marry

The Court of Protection (“the Court”) has recently granted a 28-year-old man, known as “P”, permission to marry his fiancée. The Court makes decisions on financial or welfare matters for people who are unable to decide for...

Can I Decide Who Looks After My Children When I Pass Away?

Can I decide who looks after my children when I pass away? It may be difficult, but it is important when thinking about making a Will to also think about who you would want to care for your children (who are under 18 years old) when you are no longer...

George Green Raises £117,600 for Free Wills Month Charities

George Green LLP has taken part in the Free Wills Month offering members of the public aged 55 and over the opportunity to have their simple Wills written or updated free of charge by using participating Solicitors.  Legal Executive, Robbyn Pole in the...

Should I Make A Will If I Move Abroad To Live?

  If you have moved abroad to live, it is important that you make a Will to deal with any assets you have in the new country; as well as the country you have left. This will avoid any issues about which country’s laws apply when dealing with your...

Am I Entitled To A Refund of Deputyship Fees?

On 4 October, the Ministry of Justice announced that it will provide a refund if you are or were a Deputy and were overcharged for deputyship assessments and annual supervisions between 1 April 2008 and 31 March 2015. If you are currently a Deputy, you will...

Court Grants Settlement Of Mentally Disabled Child's Estate

Court Grants Settlement Of Mentally Disabled Child’s Estate In the case of LCN v KF & Ors [2019] EWCOP, CJF was a 13 year old boy who lacked capacity and required 24 hour care after suffering extensive injuries through negligence at birth. He...

No Access To £110 million Due To Lost Cryptocurrency Passwords

No access to £110 million due to lost cryptocurrency passwords. The recent financial difficulties of a Canadian company are a timely reminder to think about your digital assets and accounts to ensure they can still be accessed even when you are no...

The Difficulties Of Proving A Will

The difficulties of proving a Will has been revoked by destruction. In the case of Blyth v Sykes   [2019] EWHC 54 (Ch) , the claimant was unable to prove that her deceased mother tore up her last Will with the intention of revoking it. Instead, the...

No Trust Created

A passing comment about grandchildren’s inheritance does not create a trust. The High Court (the “Court”) decision on appeal in Hilton v Cosnier [2018] EWHC 3728 (Ch), [2019] All ER (D) 54 (Jan) supports the trial judge’s decision...

What Could a Deed of Variation Do For You?

What could a Deed of Variation do for you? A Deed of Variation is a legal document which allows a Beneficiary who receives a gift under a Will or under the intestacy rules to redirect their inheritance to someone else. If you inherit a property or a large...

Adult Child Loses Claim for Reasonable Financial Provision

Adult child loses claim for reasonable financial provision against her late father’s estate If you are the child of someone who has died and you feel they did not make reasonable financial provision for you in their Will (or in the case of intestacy),...

Cohabitees Should Consider Making A Will

Cohabitees should consider making a Will It is common these days for couples to cohabit for several years before getting married or entering into a civil partnership. Unfortunately many people who live with their partner, rather than marry or become civil...

Give A Thought to Appointing A Guardian in Your Will

Give a thought to appointing a Guardian in your Will The recent Kings Court Trust report 'Changing family structures: The Will writing industry in 2018' revealed that only 26% of parents with children under the age of four years old have a Will...

Property Transfer To Son Set Aside By High Court

Property transfer to son set aside by High Court The recent case of Paull v Paull [2018] EWHC 2520 (Ch) involved undue influence and a property transfer from an elderly father to his son. Neville Paull lived in his property with his partner, Linda. In...

Be Careful About Inheritance Promises

Be careful about inheritance promises In Moore (by his litigation friend) v Moore and another  [2018] EWCA Civ 2669, the Court of Appeal (“CoA”) referred a proprietary estoppel case back to the High Court (the “Court”) for...

Attorney able to act as Personal Representative

Attorney able to act as Personal Representative to apply for Grant of Letters of Administration. In the recent case of Whittaker v Hancock & Ors [2018] EWHC 3478 (Ch), the High Court held that an Attorney acting under a Lasting Power of Attorney for...

Top 10 Private Client New Year's Resolutions

Top 10 Private Client New Year’s Resolutions It's that time of year again to make a fresh start and sort out everything you were avoiding in December. Here are our 10 top tips for getting your affairs in order in 2019: Make or review your Will ...

Tribunal considers 'living' at a property for CGT purposes

First-Tier Tribunal considers ‘living’ at a property for Capital Gains Tax purposes In the recent case of Hezi Yechiel v HMRC [2018] TC06829 , the First-Tier Tribunal (FTT) found that a property owner did not prove a sufficient quality...

Be wary of unregulated Will-writers

The  Wills & Probate Consumer Research Report 2018 , undertaken by IRN Research  and Orchard Reports, recently found that six out of ten people who use the services of Will-writers do not know that their work is unregulated. Whilst using the...

Business Property Relief Allowed for DIY Livery Business

Business Property Relief (BPR) reduces the value of a business or its assets for the purposes of calculating Inheritance Tax (IHT). You may be able to claim BPR at a rate of either 50 or 100% on certain business assets of an estate. However, according...

The Importance of a Lasting Power of Attorney

A Lasting Power of Attorney (“LPA”) is a legal document that lets you appoint one or more people as your attorneys to help you make decisions or to make decisions on your behalf. It is a very powerful and wide-reaching document. There are two...

Update on Lasting Powers of Attorney

The Public Guardian recently brought several test cases which highlight the importance of correctly drafting a Lasting Power of Attorney (LPA). An LPA is a legal document that lets you as the donor appoint people to be your attorneys to help you make...

Bank fined £25,000 for failing to apply for a Grant of Probate

There are several steps you need to follow if you are administering the estate of someone who has died whilst holding foreign assets which are not dealt with by a Will in that country. You will usually need to provide the following documents to the...

Significant Increase in Probate Fees

On the 5th November 2018, Justice Minister Lucy Frazer MP announced an increase in probate fees from April 2019. A grant of probate is a court order obtained by the executors which provides the authority to deal with the estate of someone who has died....

Trustees granted new powers under s57 of the Trustee Act 1925

In the recent case of Gelber v Sunderland Foundation and others [2018] EWHC 2344 (Ch), [2018] All ER (D) 31 (Sep), the High Court granted new powers to trustees under the Trustee Act 1925 (the “Act”). Where the trust document does not give...

Council Asked to Apologise After Decision About Deliberately Avoiding Care Fees

The Local Government and Social Care Ombudsman (the Ombudsman) has asked South Gloucestershire Council (the Council) to apologise to a couple after deciding they intentionally deprived themselves of capital to reduce care fees. If you require care, your...

Leaving a Legacy to Charity in Your Will

A recent report by Co-Op Legal Services shows that charitable gifts included in Wills have increased by 30% in the past year. The report indicates that just 6% of the UK population bequest money to charities in their Wills, but this equated to legacies of...

Don't Delay! Make Your Will Today

Statistics recently provided by the Office for National Statistics (ONS) indicate that life expectancy in the UK has stopped improving for the first time since figures were first recorded in 1982. Since this time, life expectancy has increased by...

Court of Protection Allows Gifts Totalling £13 million

The Court of Protection, which deals with cases involving people who lack capacity to make their own decisions, has agreed that a son can gift himself £6 million of his mother’s estate. His mother is a 72 year old woman who requires full-time...

Legacy in Will of £41 million to Oxfam

Making a Will is a big decision for most people to make. The main question to think about is usually “Who do I want to leave my money to?” rather than “Who do I want to leave my money to if all of these people die at the same time as...

The Dangers of a Do-It-Yourself Will

A recent report shows that 40% of people who have made a Will drafted it themselves rather than instructing a solicitor to do it for them. This is unfortunately causing a wide range of issues for executors when they are trying to understand what the Will...

Life Interest for Long-Term Partner in Inheritance Dispute

In the recent case of Banfield v Campbell, a long-term partner was awarded a life interest rather than a lump sum in a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Andrew Banfield lived with the late Sarah Campbell for 20...

Aretha Franklin: The Risks of Failing to Make a Will

Singer Aretha Franklin recently died of pancreatic cancer aged 76 but unfortunately died intestate, which means that she did not leave a Will. There have been difficulties in valuing Ms Franklin’s estate as she was often paid in cash for her...

Incapacity Crisis

This week Solicitors for the Elderly (SFE) launched their campaign raising awareness of the importance of health and welfare Lasting Powers of Attorney (LPA), with the report  The Incapacity Crisis – a nation unprepared. The new report from...

Inheritance Tax for Gifts to a Couple on Their Marriage

The media coverage surrounding Harry and Meghan returning £7 million worth of wedding gifts provides a useful reminder of the exemption from inheritance tax for gifts to a couple on their marriage. It is possible to make a gift of between £1,000...

Living with Dementia

As it was Dementia Action Week last week, it seems an appropriate time to remember that Government figures indicate that more than 800,000 people in the UK have dementia, and that the Alzheimer’s Society predicts this will rise to more than one million...

Inheritance Tax and the Family Home

Following the recent announcement that the average house price had hit a record high, it is worth a reminder that last year the Government introduced a special provision for inheritance tax intended to apply when passing on your home when you die, primarily...

Wills and Marriage

With the upcoming Royal Wedding between Harry and Meghan in the news, it is timely to consider the impact of getting married on Wills . One of the ways in which a Will is revoked is by marriage, so anyone who has married since making their Will should...

Are you Eligible for the Powers of Attorney Fee Refund Scheme?

The Government has recently launched a scheme to enable people in England and Wales to claim back fees they paid to the Office of the Public Guardian (OPG) for lasting power of attorney (LPA) and enduring power of attorney (EPA) applications between 1 April...