Private Client

 

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...
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