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What are the grounds for challenging a Will?

What are the grounds for challenging a Will?
There are several ways that the validity of a Will can be challenged. Any challenge to a Will would be by a person who stands to benefit from the deceased's estate if they succeed in their claim. For instance they may benefit under an earlier Will which would come back into existence. If there is no earlier Will a successful challenge would result ...
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159 Hits

Tragic death of JD Sports heir highlights the importance of taking proper legal advice

Tragic death of JD Sports heir highlights the importance of taking proper legal advice
Tom Makin was heir to the well-known JD Sports sporting goods empire prior to his tragic death. At the age of only 21 Tom was diagnosed with bone cancer, which would later claim his life. In 2019, aged just 29, Tom passed away leaving his wife, Kirsty, a widow at 34, and the couple's two young children. A year before the couple got married, Tom tra...
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209 Hits

Digital Assets - are they covered in your Will?

Digital Assets - are they covered in your Will?
We all know the importance of dealing with our property, bank accounts, investments, and other assets in our Wills, but have you ever thought about what would happen to your online presence? What would happen to your logins for social media accounts such as Facebook, Instagram, Twitter, Google, YouTube, LinkedIn, Apple, or TikTok to name a few? Do ...
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  308 Hits
308 Hits

The importance of Lasting Powers of Attorney – Kate and Derek’s Story

The importance of Lasting Powers of Attorney – Kate and Derek’s Story
Most of us will have heard the heart-breaking story of TV presenter Kate Garraway's husband and his yearlong hospitalisation after contracting Covid 19 in March 2020. Kate has been very honest in sharing her family's experience and her documentary 'Finding Derek' which aired this month gave a glimpse of the many difficulties she is facing, includin...
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321 Hits

Can death-bed gifts supersede existing Wills?

Can death-bed gifts supersede existing Wills?
This question was posed by the recent case of Davey v Bailey [2021] EWHC 445 (Ch), which related to the estates of Alan and Margaret Bailey, who died within a few months of each other in 2019. Mr and Mrs Bailey had mirror Wills in place appointing each other as the sole executor and beneficiary of each other's estates. They understood that, followi...
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  286 Hits
286 Hits

Breaking the taboo of death

Breaking the taboo of death
Now, more than ever death has become a topic of daily conversation, affecting people in every country, of every ethnicity, age and gender in a way not really experienced before. Despite this, the taboo around discussing death remains. Many still find it hard to approach the subject and, in some cases, simply refuse to. Lost for WordsLast month, in ...
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423 Hits

Undue Influence and Challenging a Will

Undue Influence and Challenging a Will
There are various ways in which a Will may be challenged on the grounds of the validity. This may include the deceased lacking testamentary capacity at the time of providing instructions for the Will and at execution. The Court must be satisfied before probate is given that the testator (person making the will) knew and approved the contents of the...
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  260 Hits
260 Hits

How to find a Will or obtain a copy

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On the death of a person, locating a Will can be very important. It not only identifies who the deceased chose to appoint to conduct their affairs but to whom their assets would pass. In the absence of locating a Will, the statutory Intestacy Rules provide potentially for a list of different beneficiaries to those the deceased may have intended. 3M...
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858 Hits

Video witnessing of wills during Coronavirus pandemic to be legalised

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The outbreak of Coronavirus and the risk it poses to our health has led to an increased demand for people wanting to put a Will in place. At the height of the lockdown, social distancing rules meant that the strict legal requirement that Wills must be signed in the presence of two independent witnesses could not be easily observed. 3This led to som...
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  1059 Hits
1059 Hits

The impact of COVID-19 on estate executors

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Probate lawyers have witnessed a significant increase in the number of cases as a result of the Coronavirus outbreak. The related volatility of stock markets and unstable property market has important tax implications for executors and their advisers. Inheritance TaxInheritance Tax is calculated based on the value of an estate on the date of death....
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  766 Hits
766 Hits

Making a Will during lockdown

Making a Will during lockdown
The outbreak of the Coronavirus and the risk it poses to our health has led to an increased demand in clients contacting us to put a new Will in place. The lockdown has presented significant obstacles to lawyers assisting their clients and a requirement to adapt quickly to different working practices to ensure client instructions can stil...
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  924 Hits
924 Hits

What is STEP and what does it mean for our clients?

What is STEP and what does it mean for our clients?
The Society of Trust and Estate Practitioners (STEP) is a global professional body for lawyers that sets standards for training and education in the areas of Wills, Trusts, Estates and Tax. Full membership of STEP is seen as a kite mark of excellence in these areas of law. The pathway to full STEP membership is rigorous and requires lawyers to qual...
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  922 Hits
922 Hits

Current guidance for making a Will and Lasting Power of Attorney

Current guidance for making a Will and Lasting Power of Attorney
The outbreak of the Coronavirus and the risk it poses to our health has led many of our clients to contact us to review their existing Will or put a new Will in place. This is an understandable response in a time of considerable uncertainty and anxiety for some. ​We want to assure our clients that despite the current disruption brought about by the...
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1018 Hits

Changes to the Statutory Legacy on Intestacy

Changes to the Statutory Legacy on Intestacy
On the 6th February 2020 the new Statutory Legacy on Intestacy came into force.What are the intestacy rules?The intestacy rules are statutory rules that determine who receives your estate if you die without a Will.How is the Statutory Legacy applied?The Statutory Legacy is the amount your spouse or civil partner will receive if you die without a Wi...
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  760 Hits
760 Hits

The impact of gender reassignment surgery on gifts in Wills

The impact of gender reassignment surgery on gifts in Wills
When a person undergoes gender reassignment surgery it can raise questions as to whether they still inherit if a Will refers to their birth name and previous gender. Should their parents change their Wills to reflect their child's change of name and gender? The Gender Recognition Act 2004The Gender Recognition Act 2004 (GRA) provides assistance on ...
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  965 Hits
965 Hits

Who died first? A key question in some probate cases

Who died first? A key question in some probate cases
To some this may seem a strange question but in the context of Wills this can be a very important question and sometimes pivotal in determining who inherits an estate. In the recent case of John Scarle and Ann Scarle, which was heard in the High Court at the end of June 2019, John and Ann were both found dead from Hypothermia in October 2016 in the...
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646 Hits

Lack of knowledge & approval - can it make a will invalid?

Lack of knowledge & approval - can it make a will invalid?
For a Will to be valid there are a number of criteria which the Testator must meet, the Testator being the maker of the Will. This includes age, knowledge of all the facts and approval.Firstly, the Testator must be over the age of 18 years and the formalities of s9 Wills Act 1837 must have been followed.The Testator must also know and approve the c...
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  627 Hits
627 Hits

Domicile for the purpose of an Inheritance Act Claim

Domicile for Inheritance Tax
When making an Inheritance claim, the domicile country of the deceased is an essential element of the Court's decision.​ Various eligible individuals identified within s1 of the I(PFD)Act 1975 may apply to the Court for an Order for a share and disposition from a deceased's estate where, either through their Will or by intestacy, no such reasonable...
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1696 Hits

Free Wills & LPA Advice Seminar in November

Free Wills & LPA Advice Seminar in November
Join us for one of our ever-popular free Wills and Lasting Powers of Attorney talks on 23rd November to ensure that you're set for the future (please note the advertised seminars on 9th and 10th November are now full).Over half of people in the UK currently do not have a Will and this can lead to unfortunate difficulties upon death. Your ...
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  1903 Hits
1903 Hits

Free Wills & LPA Advice Seminar in August

Free Wills & LPA Advice Seminar in August
Join us for one of our ever-popular free Wills and Lasting Powers of Attorney talks on 15th and 18th August to ensure that you're set for the future.Over half of people in the UK currently do not have a Will and this can lead to unfortunate difficulties upon death. Your assets may not pass to whom you want to inherit, leaving your loved ones i...
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  1949 Hits
1949 Hits

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