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27 July 2020 0 Comments Posted in Private Client

Wills witnessed over video link to be legal

Author headshot imagePosted by , Partner

The Government is bringing in legislation that will allow individuals to have their Wills witnessed via video links. The legislation will apply to Wills made since 31 January 2020, the date of the first registered Covid-19 case in England and Wales.

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3 June 2020 0 Comments Posted in Private Client

Clitheroe v Bond – A test case in disinheriting family members and the necessary mental capacity

Author headshot imagePosted by , Trainee Solicitor

In England and Wales, there is testamentary freedom. This means that a client of sound mind is perfectly entitled to make a Will for capricious, frivolous, mean or even bad reasons without the Will being invalid.

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29 May 2020 0 Comments Posted in Private Client

WhatsApp with a digital will? – Finding tech solutions for making a will in isolation

Author headshot imagePosted by , Partner

With seriously ill individuals with Covid-19 and the general population exercising social distancing, it is vital that there is still an option to create or update a will whilst remaining in isolation. But how can this be done?

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9 April 2020 0 Comments Posted in Opinion, Private Client, Private Wealth

Planning and creating a Will during coronavirus lockdown – your questions answered

Author headshot imagePosted by , Partner

Will writing

The demand for Wills is, understandably, high. However, the requirement for two independent witnesses is proving challenging when the country is in lockdown. The Law Society and the Ministry of Justice are discussing ways to make the signing of Wills and powers of attorney easier and quicker.

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15 August 2019 0 Comments Posted in Opinion, Private Client

The 5 most common ways a Will is challenged

Author headshot imagePosted by , Associate

will testament

It is regularly reported that inheritance disputes are on the rise. Here we look briefly at some of the most common grounds for challenging a will and the reasons behind why they arise.

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9 July 2019 0 Comments Posted in Opinion, Private Client

Making a will – why use a lawyer?

Author headshot imagePosted by , Senior Associate

Will writing

Have you ever wondered why some Will writers charge as little as £19.99 for making a will, whereas some companies can charge over £1,000?

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16 May 2019 0 Comments Posted in Private Client

Care fees and your home – what can you do?

Author headshot imagePosted by , Senior Associate

For many, owning a home is a result of a life’s hard work which they hope to pass on to loved ones after death. It can come as a shock to realise that their home may need to be sold to fund their care at a care home. Care funding can seem like a complicated area to get to grips with so we explain the key areas in more detail.

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15 March 2019 2 Comments Posted in Private Client, Private Wealth

Inheritance Act claims: More uncertainty over time limits

Author headshot imagePosted by , Associate

In the recent case of Cowan v Foreman a widow attempted to make a claim on an estate 17 months after the relevant deadline had passed. The judge refused to give permission for her late claim, suggesting a stricter approach should be adopted by the court in the future. However, a recent decision in the case of Bhusate v Patel, to allow a widow to make a claim over 25 years out of time, suggests that this strict approach may not be adopted for every case.

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14 March 2019 0 Comments Posted in Private Client, Private Wealth

A rare successful undue influence case

Author headshot imagePosted by , Paralegal (ACILEx)

It has long been established that a Will can be challenged on the grounds of undue influence. However the evidential threshold to prove undue influence has been set high by the courts so successful cases are few and far between. This week one of these rare cases has been reported in the context of three daughters contesting their mother’s Will on the grounds that their father and brother pressured their mother to leave her whole estate to their brother.

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13 March 2019 0 Comments Posted in Private Client, Private Wealth

A Will is burnt or destroyed so was it revoked? Not necessarily…

Author headshot imagePosted by , Associate

The recent case of Blyth v Sykes brought up some interesting issues regarding conditional revocation of a Will. There is little case law in this area of Contentious Probate and establishing whether or not a Will has been effectively revoked is not always as straightforward as it might seem.

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3 January 2019 0 Comments Posted in Private Client

Deathbed weddings – why are they becoming more common for cohabiting couples?

Author headshot imagePosted by , Senior Associate

There has been a recent increase in cohabiting couples marrying at the last minute. So-called ‘deathbed weddings’ are to ensure that the surviving partner receives financial support when their spouse dies. The problem is that cohabiting couples are not treated the same as couples who are married or in a Civil Partnership, and could therefore suffer some shocking consequences as a result.

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3 December 2018 0 Comments Posted in Opinion, Private Client

Probate fees set to increase in April 2019 to fund courts service

Author headshot imagePosted by , Solicitor

probate

The Government has announced plans to introduce a new fee structure for probate fees. This will see estates valued at more than £2m pay a fee of £6,000, a rise of 3,771% on current charges. This increase has been controversial in many ways not least the view that the charges have gone from being an administrative charge for a service to a ‘stealth tax’ that subsidises other areas of the courts system.

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