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Trust, Wills and Probate News

Reporting duties for a financial deputy

Reporting duties for a financial deputy The role of a deputy is similar to that of an attorney. If you are acting as an attorney, this will be because the person you are acting for specifically chose you to act and they made a document called a...

Probate and avoiding problems with chattels

Probate and avoiding problems with chattels While financial assets can be divided relatively easily when settling an estate, this is not usually possible with heirlooms such as a painting, a piece of furniture or individual pieces of jewellery. Even if...

Business planning and the importance of making a will

A will is an important part of everybody’s legal planning no matter your circumstances, but for anyone who is in business a well written will is vital to ensure the minimum disruption after your death. ‘Whether you are a sole practitioner, a...

When does a power of attorney take effect?

If you have been asked to act as an attorney for someone you may wonder when it will come into effect, especially if the power of attorney was made some time ago when your friend or relative was in good health. ‘There was an important change in 2007,...

Common probate mistakes and how to avoid them

If you are someone’s executor, then it can be tempting to try to administer the estate yourself with a view to saving money. If the estate is simple and you are comfortable with the legal and tax regulations, then this may be fairly straightforward. ...

Coronavirus and Will Signing

The current COVID-19 crisis has brought with it many problems, and quite understandably has led to lots of people being conscious of ensuring that their affairs are in order. News would suggest that demand for Wills has increased by 30% during the epidemic,...

New organ donation law: giving you control

Around 6,000 people in the UK are on the transplant waiting list; and in 2018 alone, at least one person a day died while waiting for a transplant, according to the NHS. New laws on organ donation consent are coming into force in Spring 2020 which the...

Choosing attorneys for your lasting power of attorney

Everyone should have lasting power of attorney, along with a will, and in setting this up you will need to appoint people to act as your attorney to look after your affairs if you become unable to.  You need to consider very carefully who you will...

Making a will after a second or subsequent marriage

Without a valid will that says otherwise, your spouse may inherit most if not all of your assets on your death and any children you have from previous marriages could be left with little or nothing.  This is why more and more cases are being brought...

Valuing an estate for probate

Valuing an estate for probate When someone dies, all the assets in the estate will need to be valued as early possible for two key reasons.  Firstly, an estate valuation must be provided to the probate court before probate will be granted.  ...

Don't let your digital assets end up in a digital grave

In 2018, according to Forbes, the top ten YouTube stars were earning between $14.5 and $22 million. The top earner was a seven-year old boy named Ryan who reviewed toys for other children. While most of us are not in that league, many people now have a wide...

Why you should use a solicitor to prepare your will

Making a will is one of the best things you can do to ensure your family are taken care of when you die and that your money, property and other belongings are passed on to the people or good causes you have chosen. To make a valid will there are certain...

How to choose an executor to administer your estate when you die

When making your will you need to appoint at least one executor who will be responsible for the important task of dealing with your estate on your death.  Deciding who to appoint is one of the most important decisions you will ever have to make so you...

The probate process and the role of your solicitor

The following table explains the role of your solicitor at each of the various stages of obtaining probate.  We hope this helps you to understand the process, and how our expert lawyers can support you at every step of the way.   You need to...

How to reduce your inheritance tax bill

How to reduce your inheritance tax bill A combination of rising house prices and a freeze on the threshold at which estates pay inheritance tax means that many more households fall into the tax net than was once the case.  Sarah Hartley, wills...

How to Protect your Children's Inheritance

As we live longer, more adults are marrying a second or third time.  Divorce among the over-60s, otherwise known as silver splitters, has risen by a third in the past decade.  While most adult children are happy that their parents have...

Deeds of Variation

Deeds of variation and when to use them Deeds of variation have hit the headlines recently with reports that Ed Miliband benefited from a variation of his fathers will some years ago.  While this has attracted debate, the variation of wills is a...

Gifting Property

As the population grows older and cares homes are an issue for more and more people, a growing number of people look into giving away their property during their lifetimes in the hope of avoiding it being sold to pay for their care. This is major decision,...

Dependency claims against a deceased's estate

Do you think that you have a claim against the estate of someone who has died? If you believe that you should have been included in their will, or received more under their will than you did, then you may be entitled to make a dependency claim. Robert...

What to do when someone dies

When a loved one dies, and you are the next of kin, there are legal formalities that must be dealt with. Malcolm C Foy & Co, with offices in Doncaster and Rotherham explains what you should do. Registering a death Your first duty is to register the...