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Contentious probate – what are the rules?

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…

Making a complaint about a deputy or attorney

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…

Virtual will signings: witnessing over video

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…

Continuing to help make Wills

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…

The danger of Inheritance Act claims

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…

Do I need a Lasting Power of Attorney…

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…

New Start to the Year – Get your Affairs in Order – Part One

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 – What is it?

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.

Digital Assets – what is it and how does it affect my estate?

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.

New increase on Probate Court fees to hit UK families

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.