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Private Client (Wills and Probate)

 

Paying a relative's care home fees using their online banking system is probably a criminal offence

Kathryn Thornewill
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Accordingly to a law firm in London, RadcliffesLeBrasseur, using a relative’s online bank account information to arrange payment of their care home fees, even if it is done in good faith with the account holder's permission, is probably a criminal...

Can you handwrite your Will yourself?

Helen Taylor TEP
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Well, yes you can but in order to be valid it needs to comply with that well known and thoroughly modern Wills Act of 1837. If your handwritten will (which everyone knows of course, is called a Holographic Will) fails to meet these legal requirements, it...

Intestacy: and the reasons we encourage the preparation of a Will

Helen Taylor TEP
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Intestacy An intestacy does not just occur when a person dies without a Will.  It can also arise even if they have a Will but it is invalid or has been revoked.  It can also arise if a valid Will has not been properly drafted and a common...

Is it time to review your Will to maximise tax-saving?

Kathryn Thornewill
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We always recommend that you review your Will every 3-6 years to ensure that it does exactly what you want it to do, especially with the changing of laws surrounding Wills and Probate. On 6th April 2017, the Residence Nil Rate Band (RNRB) came into effect....

Rules relating to the possession of a deceased's body.

Helen Taylor TEP
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As you are all aware, when someone passes away decisions need to be made in respect of what happens to the body whether it be cremation, burial, green burial or anything else. Disputes at this point can arise between family members as to what should happen...

Choosing the right private Attorney

Helen Taylor TEP
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When it comes to Lasting Powers of Attorney (LPA), it’s important to appoint the right person to act as your Attorney. So what do you need to consider? The role of an Attorney Lasting Powers of Attorney (LPA) allow you to appoint someone to act...

Leaving money to loved ones with learning difficulties

Helen Taylor TEP
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Making a Will is always important, but it is even more important when you are making provisions for those with learning difficulties. On the 25 th April, I spoke at the Mencap ‘Planning for the Future Seminar’ in Northampton on this subject and...

Inheritance disputes hit a record high

Helen Taylor TEP
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There are all sorts of reasons someone may bring a claim under the Inheritance (Provision for Family Dependents) Act (IPFDA) 1975. It might be because an individual has been left out of a Will entirely, they receive less than they expected, or the...

Leaving digital assets in your Will

Helen Taylor TEP
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Helen Taylor explains what happens to digital assets when you pass away and how to make provision for them in your Will… Including digital assets in your Will When we think about making a Will, very few of us realise digital assets can be...

Expected New Probate Fees Challenged

Helen Taylor TEP
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There has been much discussion recently about increasing the probate application fee, so that it changes from a flat rate fee for all estates (currently £155 if the application is submitted by a solicitor) to a stepped rate which increases as the...

Government confirm new Probate fees

Helen Taylor TEP
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As the government confirms the new banded Probate fee charges, I explain the implications… Implications of the changes Despite overwhelming opposition, the government has confirmed that the fees for a probate application will change. This...

Becoming Dementia Friends

Kathryn Thornewill
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Since becoming a Dementia Friend with my colleague, Natasha Thorne, in October 2016 , Franklins has joined the initiative to understand more about the disease. Read on to find out how we’re helping to spread the word and get others to become...

Lasting Power of Attorney - Deputyship

Helen Taylor TEP
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If a loved one loses capacity and they don’t have a Lasting Power of Attorney or Enduring Power of Attorney in place to manage their affairs, a deputy may need to be appointed. I explain the process… What is Deputyship? A Deputyship...

Is talking about end of life care still taboo?

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Compassion in Dying is a national charity working to inform and empower people to exercise their rights and choices around end-of-life care. I share a bit about a specific campaign they have launched which I think is an important one… Compassion...

Is an Enduring Powers of Attorney still valid

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‘Enduring Powers of Attorney’, the predecessors to Lasting Powers of Attorney, can no longer be made. However, if you made an Enduring Power of Attorney before the 1st October 2007, provision has been made under the Mental Capacity Act 2005,...

Leaving a gift to charity in your Will

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Many people in the UK support charities during their lifetime, but many don’t realise they can also leave a gift in their Will. Here’s how you can carry on giving after you’re gone… Where there’s a Will When it comes to...

Buying bricks and mortar

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Moving house? Before you purchase your perfect home sweet home, there are a number of important decisions to make. Here’s what you need to know before you sign on the dotted line… Ownership of your home One of the things people often...

Promissory Estoppel Explained

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We take a look at the recent case of Moore v Moore to illustrate the High Court of England & Wales’ application of the long-standing principle of Promissory Estoppel - that fairness should be maintained where possible… The case Roger...

Why you should make a Will

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Many of us don’t want to think about what will happen to our property and personal possessions after we’re no longer here, but Rosie Wright explains why it’s so important to make a Will… What happens if I don’t have a...

Urgent warning about the Government online LPA tool

Helen Taylor TEP
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I have joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs). In this post I explain a bit about what an LPA...

We are Dementia Friends

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Alzheimer’s Society’s ‘ Dementia Friends’ programme is the biggest ever initiative to change people’s perceptions of dementia. It aims to transform the way the nation thinks, acts and talks about the condition. Recently two...

The process of putting a Will in place

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We understand making a Will can feel daunting. But Rosie Wright explains how we can help to make it an easy, straightforward experience in three simple steps… Step 1 – Discuss ing your wishes We’ll invite you to one of our offices...

A Tale of Wills

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Charles Dickens’ famous novel, Bleak House, centred on a fictional case of Jarndyce v Jarndyce. Not many people know, but it was actually based on a number of real life cases that were ongoing during Dickens’ lifetime - most notably the case...

Will Making: What to Consider

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When it comes to making a Will, we all think of what we have and who we’d like to benefit. However, there’s one thing that’s arguably even more important – who should be your executor. Rosie Wright tells us more… The...

Why make a Lasting Power of Attorney

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Many people think about making a Will for all sorts of reasons - ranging from wanting their wishes to be honoured, to making things easier for their loved ones. Few, however, have heard of a Lasting Power of Attorney. Rosie Wright, gives us the...

The process to creating a Lasting Power of Attorney

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We understand making a Lasting Power of Attorney can feel overwhelming and there’s a lot to consider. But it doesn’t have to be a complex process. Rosie Wright explains how Franklins can help… Discuss your wishes It goes without...

Beware of the DIY Will

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A few people choose the ‘cheap and cheerful’ route to putting a plan in place to leave behind their wishes in the event of their death. Unfortunately, as we have learned from this case, choosing not to sit with a qualified Solicitor, like our...

Landmark Court of Appeal Ruling makes it easier for disinherited children to challenge a parent's Will

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Melita Jackson passed away in 2004 leaving her £500,000 estate to three animal charities, RSPCA, Blue Cross and the RSPB. She made it clear within her Will why her daughter, Heather Ilott, was not to benefit from her Estate, however despite this,...

Will Aid Scheme Results: Another strong year for Will Aid at Franklins

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We are delighted to have been able to support Will Aid once again. Will Aid is the UK’s leading Charity Will writing scheme. The charity rightfully reinforces the need for everyone to have a professionally drawn-up will by offering people...

Funding care and supporting people to live independently

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There has been much discussion over recent years over the funding of care in the future, and the much anticipated Care Act 2014 came into force on the 1 st April 2015, although the cap on care costs will not be implemented until April 2016. Whilst...

Dispute over a Deceased's estate - Williams' family agonise over possessions

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It was so sad to hear recently that Robin Williams' widow and children have gone to court in a dispute over the distribution of his estate. Following his death in August 2014 Susan (Robin William’s widow) has accused his children of taking...

The Impact of Disowning a Family Member Before Their Death

Ellen Stiles
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The  case of Wright v Waters [2014] EWHC 3614  has highlighted the effect that disowning family members can have on claims for financial provision from their estate on death. The Facts Mrs Waters died in 2010, she had a son and a daughter. In...

Beware of Gifting Your Property Into A Trust

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Recently, I have seen a number of cases where people have used non-qualified organisations or companies to gift their homes into trust on the pretence that this will provide protection from probate fees; divorce claims; estate claims; and care fees - just...

The Chancellor's Autumn Statement: U-Turn on Settlement Nil Rate Band

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Following yesterday’s Autumn Statement, the government has dropped plans to introduce a single settlement nil rate band to be shared between all trusts set up by a settlor in lifetime or on death. Under current rules, an individual can establish...

Appointing A Deputy (via the Court of Protection) In The Absence Of A Lasting Power of Attorney

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In the absence of a valid Lasting Power of Attorney or Enduring Power of Attorney, no one has legal authority to make decisions on behalf of an incapacitated person about their property or welfare until a Deputy is appointed by the Court of Protection. ...

Business Assets and Planning for the Future in the Event of Your Death

Ellen Stiles
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Death is the last thing people like to think about however, as everyone knows it is one certainty in life that we can’t simply ignore. As a business owner life is very hectic and it is understandable that consideration for what happens after...

Change to Intestacy Rules - More Provision for Surviving Spouse or Partner

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As of 1st October 2014, changes to the Intestacy rules came into force. This follows the enactment of the Inheritance and Trustees Powers Act 2014, the principle behind the previous rules have stood since 1925. What has changed? The new rules are more...

The Real Life Practical Implications of Having a Lasting Power of Attorney in Place

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Lasting Powers of Attorney are extremely important, but surprisingly many people do not have these in place. Lasting Powers of Attorney allow you to appoint someone to act as your Attorney to represent your best interests and to carry out your...

Why It Is Important To Choose A Solicitor Who Is A Member of STEP

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STEP is a worldwide professional association for practitioners who deal with inheritance tax, succession planning and trusts. Why is STEP important? Inheritance tax, succession planning and trusts is a vast area of law; in order to provide holistic...

Protecting Your Home From Being Used to Fund Care Home Fees

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There has been a lot of media coverage on this subject and for most people the family home is their main asset and the concern is that it will be sold to fund care in the future. The question I get asked most from my private clients in planning their...