- Written by: Jason
- Category: Will Writing
- Published: 26th September 2014
Making a Will brings you peace of mind that should you die your estate goes to your loved ones, making a Will not only ensures the right people benefit from your hard earned assets it also ensures that you do not die intestate.
If you have not made a Will and die intestate your loved ones could be subjected to long lengthy delays when trying to administer your estate, all at a time when they could no doubt do without the added emotional stress.
Without a Will, your partner may not automatically inherit ALL of your estate “Common Law” partners may not receive anything at all.
- Written by: Jason
- Category: Will Writing
- Published: 17th September 2014
On Thursday 18th of September, 2014 Scottish voters will go to the polls to cast their YES or NO vote on whether Scotland should sever its ties with the UK and become an independent country.
The result is expected to be announced sometime early on the following morning on Friday 19th September 2014.
Below are some frequently asked questions about the potential impacts a YES vote may have on the legal system in relation to Estate planning for assets held in England or Scotland.
- Written by: Jason
- Category: Lasting Power Of Attorney
- Published: 29th August 2014
The number of Lasting Powers of Attorney applications submitted to the Office of the Public Guardian has increased significantly in recent years. With 200,000 applications made in 2011 to 2012, 242,000 in 2012 to 2013 increasing to 295,000 in 2013 to 2014.
On the 21 of August 2014, Justice Minister Simon Hughes announced that as part of the Transforming Government Services to make them more efficient and effective for users. Lasting Powers of Attorney should become both easier and simpler for people to make.
- Written by: Jason
- Category: Lasting Power Of Attorney
- Published: 15th August 2014
When a donor makes an application to register a Lasting Power of Attorney they may be entitled to an Exemption or Remission of the application fee based on their financial circumstances.
If eligible for Exemption the donor does not have to pay the OPG (Office of the Public Guardian) application fee.
If eligible for Remission the donor receives a 50% fee reduction of the OPG application fee.
- Written by: Jason
- Category: Lasting Power Of Attorney
- Published: 4th August 2014
A recent paper entitled “Avoiding Invalid Provisions in your LPA‟ written by Jill Martin who is a Legal Adviser to the Public Guardian, aims to explain how to avoid the need for severance. Which delays registration and can cause annoyance and frustration to donors and attorneys.
The paper states that on a monthly basis month the Public Guardian makes a large number of applications to the Court of Protection to “Sever” invalid provisions from Lasting Powers of Attorney that have been sent into the Office of the Public Guardian for registration.
- Written by: Jason
- Category: Lasting Power Of Attorney
- Published: 24th July 2014
In order for a Lasting Power of Attorney (LPA) to be valid and registered with the Office of the Public Guardian. It must contain at least one certificate (two if you are not choosing a person to be told) confirming that the person making the LPA (The Donor) has the full mental capacity at the time of making the LPA.
Each certificate needs to be completed by an independent person confirming that the Donor fully understands what giving Power of Attorney means and is not creating the power under pressure and that it has not been completed fraudulently.
- Written by: Jason
- Category: Will Writing
- Published: 11th July 2014
What will happen to your pets when you die?
Worrying about what would happen to family pets if you were to die before them is a common concern. UK law regards a deceased persons Pets for example Dogs and Cats as Personal Chattels.
The Administration of Estates Act 1925 defines the term “personal chattels” to mean carriages, horses, stable furniture and effects, motor cars and accessories, garden effects, domestic animals, plate, plated articles, linen, china, glass, books, pictures, prints, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments and apparatus, wines, liquors.
Probate Options For Swearing An Oath*UPDATE*
On the 27 November 2018, the Non-Contentious Probate (Amendment) Rules 2018 came into effect. These rules have amended the way in which individuals can apply to the court for a grant of probate in a deceased person’s estate.
The amendment now allows for a personal representative (executor) of the deceased estate to make a statement of truth instead of having to swear an oath.
More info regarding the amendment can be found using the following.GOV webpages:
https://www.gov.uk/government/news/probate-applications-made-simpler-and-easier-with-online-service
http://www.legislation.gov.uk/uksi/2017/1034/pdfs/uksiem_20171034_en.pdf
If in doubt please contact your local probate registry for more information
- Written by: Jason
- Category: Inheritance Tax Planning
- Published: 20th June 2014
UPDATE 13/08/2015 Further amendments have been made to the HMRC consultation that this article covers, an update can be found Here.
The latest HMRC Inheritance Tax Consultation Paper entitled A fairer way of calculating trust charges indicates that Changes to the IHT taxation of trusts will apply from the 6th of June 2014.
New rules proposed by HM Revenue and Customs will mean that an individual placing assets into multiple trusts will have to decide how they split their £325,000 Inheritance Tax allowance between the trusts.