When a person dies, the time it takes to sort out their estate can vary dramatically. If the deceased left clear instructions in the form of a detailed Will and the content is not contested then probate can be completed very quickly. However, if someone dies intestate (without having a Will) or the Will is…
When someone is unable to take care of their own affairs, they will often have a deputy or attorney appointed to look after their interests on their behalf. That can cover a broad range of decisions relating to medical treatment and financial management. Deputies are appointed by the Court of Protection when an individual’s capacity…
The coronavirus pandemic has led to huge changes across every industry, and the legal profession is no different. A new law has been brought in that means wills can now legally be witnessed over video. The Wills Act 1837 stipulates that wills must be signed in the presence of two witnesses. Clearly the coronavirus pandemic…
The outbreak of Coronavirus has resulted in a new way of living for many of us. Linder Myers is committed to continuing to provide an excellent service to our clients, even in this time of uncertainty. Changing or updating your Will If you would like to change or amend your Will, we remain open and…
A recent case has illustrated the dangers of disputing the Will of a family member under the Inheritance (Provision for Family and Dependants) Act. The case of Shepton v Seviour made national press due to comments from Deputy Master Lloyd concluding the claim was “absolutely hopeless” and “never stood a reasonable prospect of success”. The…
There are many misconceptions around the significance of Lasting Powers of Attorney (LPA). Since inception, Linder Myers has assisted many families in planning for the future. Here are 5 common misconceptions we’ve helped our clients understand. “Do I need a Lasting Power of Attorney if my family are going to look after me?” A family…
How do I act for a relative who is self-isolating? Following the recent outbreak of Covid-19, the government has advised that anyone with symptoms of the virus should self-isolate for 7 days (13th March 2020). More information about the symptoms and what to do can be found on the government website. If you are a…
If you are concerned about a family member who is vulnerable or disabled then you may wish to create a trust in your Will as opposed to giving them a direct gift
Our Trusts and Estates department would like to advise that the latest date to submit a PPI claim is the 29th August 2019.
If you have successfully claimed compensation for personal injury you should seek advice on the benefits of setting up a Personal Injury Trust. This is particularly important if you receive means-tested benefits.
Death isn’t something you should be thinking about when planning for your next break but I’m sure many solicitors will agree when I say we all have clients that come into the office and say “I’d like to make Will as I’m going on holiday at the weekend!”
I received a number of queries regarding last month’s blog, the main question being “Is there an alternative to gifting the Family Home?” as some people are not in a position to place their property into a Family Trust.
Following on from my “Easter Gifts” blog, I received a number of queries about gifting the family home so I thought I would address this topic this month.
Easter is later this year, 19 April 2018, which means you can start thinking early about your Easter Gifts. Chocolate eggs may seem the obvious choice but perhaps you are considering money instead. If you are, then you should consider what that means for you and your estate.
I would like to thank everyone who contacted me following my blog “New Start to the Year – Get your Affairs in Order – Part One”. For those who I have seen and spoken to, you will now be aware it is equally important to have your affairs in order during your lifetime, not just on death, in the event you suddenly suffer from a physical or mental incapability.
Often people consider writing their Will when they have suffered bereavement or a family member has been seriously ill. I have even come across people that are frightened of making a Will as they fear that once they have signed on the dotted line, they will meet their maker. I have to say it took me several years to persuade my father-in-law to make a Will, which he did a few years ago and guess what, he is still with us.
Proprietary estoppel provides a means by which a person may claim a right to property or land despite being legally documented. For example, if someone has promised that you inherit their property or land on death, but you subsequently find out that it is not reflected in their Will.
Dealing with someone’s estate can be a burdensome task and at the same time you are faced with the ever expansion of the modern world and you now have to consider “Digital Assets”.
So what is a digital asset? It is simply personal property stored in digital form whether that be electronic or online and you may not realise that you own digital assets until examples are given.
The Ministry of Justice has now confirmed that the Government is pressing ahead with substantial increases in Probate Court fees.
This decision arises despite arguments against the move by The Society of Trust and Estate Practitioners, Solicitors for the Elderly and the majority of respondents to the Government consultation process.
From 6 April this year the new Residential Nil Rate Band (RNRB) will allow an additional £100,000 of property to be passed, by your Will, to direct descendants alongside the current individual Inheritance Tax free allowance of £325,000. This raises the value of property that a couple can pass on death without incurring an Inheritance…
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