Why you should include guardianship in your Will

Posted on 27th January 2025

Young families with children under 18 should appoint guardians

If you die before your children are under 18 they will need someone to care for them.

You can include who will act as their guardians in your Will.

Family members in care

Posted on 13th January 2025

I have recently received some enquiries from family members who want to bring loved ones home from care.

Vulnerable people living in a care home might need extra help because of age-related illnesses or pre-existing medical conditions.

If your loved on is in a care home you can't legally remove them.

Do you have marriage plans for 2025? Why you should write a Will

Posted on 24th December 2024

Wegging rings can change your life but you need to update your Will.

Did you know that, even if you have a legally valid Will, it becomes void when you marry?

This is because the law in England and Wales sees marriage as a significant change to your finances and commitments. It assumes you will want to review your previous arrangements.

Running out of burial spaces

Posted on 11th December 2024

The Law Commission says 170-year-old laws need updating before the country runs out of burial spaces.

Although over three quarters of funerals involve cremations overcrowded cemeteries remain a problem, especially in towns and cities. Reusing burial spaces is a possible solution, including those owned by the Church of England.

Without legal changes the country could run out of burial spaces where you can visit the headstone of a loved one

New digital assets legislation

Posted on 25th November 2024

Your family could lose cryptocurrency and other valuable digital assets when yo die.

The Property (Digital Assets etc) Bill has just been introduced to the House of Lords. The Bill’s purpose is to clarify the legal status of digital assets as personal property.

The impact of the Autumn Budget’s Inheritance Tax changes for families

Posted on 11th November 2024

Inheritance Tax (IHT) decisions in the Autumn Budget will probably change financial arrangements for many families.

Currently IHT affects about one in 20 or 4% of estates each year but by 2032 this is expected to increase to 7%. Parents might start passing on assets to their children much earlier to minimise IHT liabilities.

Family homes form a large part of estates when people die, adding to Inheritance Tax liabilities.

Probate Registry faster but not fast enough

Posted on 25th October 2024

Toroises are known to be slow and so is the probate service

The latest data from HM Courts & Tribunals Service shows overall improvements from the Probate Registry although long delays continue.

Causes of poor performance include inexperienced staff and reduced service standards. Long delays and ‘stops’ on applications for probate remain common although the average time is reportedly 9.3 weeks (July 2024). That’s back to September 2022 levels.

Will the budget abolish the residence nil rate band for inheritance tax?

Posted on 11th October 2024

Abolishing the £175,000 residence nil-rate band (RNRB) is a possibility in the budget on 30th October. The government might also consider other amendments to the inheritance tax (IHT) system.

House prices are going up but inheritance tax thresholds are unchanged so more families must pay.

The importance of attesting witnesses

Posted on 26th September 2024

A gavel and screens in a courtroom - Attesting witnesses should attend court if there's a dispute about a Will.

Recently two sisters went to the High Court due to a dispute about their mother’s Will.

When someone makes a Will they must sign it and then witnesses must confirm or ‘attest’ they believe the signature is theirs. They must also sign the Will.

Traditionally, when a Will is challenged the attesting witnesses come to court to give evidence. In this case the Court had to re-examine this rule.

Getting married? Make a new Will

Posted on 11th September 2024

When you marry your existing Will becomes invalid, so creating a new Will is important. If you don’t make a new Will the laws of intestacy will apply, and your loved ones might not receive your bequests.

If you will soon be exchanging wedding vows and rings you should also write a new Will.