Probate & Estate Administration

23 Mar 2022

Winding up the estate

Administering an estate involves closing the deceased’s accounts and encashing investments, with the money paid into a dedicated bank account.

21 Mar 2022

Ending a Lasting Power of Attorney (“LPA”) | How long does an LPA last?

A Lasting Power of Attorney, or LPA, is a document that gives legal authority to someone to deal with your affairs on your behalf, should you ever be unable to do this yourself.

03 Mar 2022

Inheritance Act claims for financial support

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to bring a claim for financial support against the estate of someone who has died.

16 Feb 2022

Could your estate pass to the Crown?

If someone dies without making a Will, they are said to be intestate. If they do not have any living relatives, then it is the law that their estate will go to the Crown.

21 Jan 2022

Video witnessing of Wills extended to 2024

The government has announced an extension of its legislation allowing individuals who are isolating to have their Will witnessed virtually.

21 Jan 2022

Parents deciding not to split inheritance equally

A 2021 report has found that only half of parents plan to share their estate equally between their children.

13 Jan 2022

Dealing with a missing beneficiary of a Will

When an estate executor or administrator deals with the winding up of someone’s affairs after their death, it is their job to distribute the net estate to the beneficiaries who are entitled to inherit.

11 Jan 2022

Personal chattels in Wills explained

Personal chattels are personal possessions such as furniture, the contents of your home, jewellery, computers, phones, cars, garden effects and even pets. Also referred to as tangible moveable property, personal chattels are items that you own and use personally.

05 Jan 2022

Don't forget to include digital assets when making your Will

Research has revealed that only a quarter of people know what will happen to their digital assets after their death or why it is important to include them in their Will.

04 Jan 2022

More estates exempt from detailed IHT returns (from 1 January 2022)

The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021 have been amended to implement previous suggestions made earlier in the year by HM Treasury’s Office for Tax Simplification to exempt more estates from the need to submit detailed estate returns as a condition of obtaining probate.

23 Dec 2021

Paying bills and expenses after someone passes away

After someone dies, part of administering and finalising their estate involves settling all of their debts. As well as paying bills, there are expenses relating to their death, including funeral costs.

01 Dec 2021

Social care fee planning

If you or your spouse or partner need to move into care, the expense could use up a large part of your estate.

11 Nov 2021

Two-thirds of UK adults don't have a Will

Without a Will, there is a risk that your estate will not go to those you want to receive it. This means that disputes could arise between family members and others who may consider that they should receive a share of your assets.

27 Oct 2021

Common misconceptions about Wills & Probate

There are strict rules surrounding Wills and the administration of estates after a death, meaning that relying on some common beliefs could cause problems for your loved ones after you pass away.

18 Oct 2021

Setting-up a Lasting Power of Attorney

A Lasting Power of Attorney is an important document giving someone the authority to deal with your affairs, should you ever become unable to do so yourself.

06 Oct 2021

Partial Intestacy

If someone dies without leaving a Will, they are said to have died intestate. If they leave a Will but it does not deal with the whole of their estate, they are partially intestate.

29 Sep 2021

Dying without a Will – “Intestacy”

When someone dies without leaving a Will, this is known as dying “intestate”. There are strict rules governing who will inherit the estate, known as the Rules of Intestacy.

22 Sep 2021

Calculating and paying Inheritance Tax

If someone leaves a net estate worth more than £325,000, then Inheritance Tax (“IHT”) will need to be calculated and paid. The full rate of IHT is 40% on the value of your estate above the amount of any exemptions.

17 Sep 2021

Confusion over Wills and inheritance

A study by Co-op Legal Services has found that almost half of all UK citizens don’t have a Will in place. Co-op also discussed common myths with respondents, finding widespread confusion over inheritance and estate issues.

16 Sep 2021

Leaving money to charity

For many people, leaving money to a charity in their Will is a way of saying thank you for the help they or their loved ones have received during their lives.

12 Aug 2021

Inheritance Tax (IHT) Rates and Thresholds

Inheritance Tax can be significant, often amounting to tens of thousands of pounds or more, payable by someone’s estate after their death. It is a complex area, but it is often possible to legitimately reduce the amount of Inheritance Tax that will be due.

05 Aug 2021

Dealing with financial affairs after someone passes away

After someone passes away, their executor or administrator will be responsible for finalising their financial affairs.

22 Jul 2021

Can children aged under 18 inherit under a will?

Children aged under 18 lack the legal capacity to inherit a gift under a Will. This means that if they are left something in a Will, arrangements must be made to look after the asset on their behalf until they are old enough to inherit it.

14 Jul 2021

Changing the terms of a Will by making a Deed of Variation

A deed of variation can be used to change the provisions of someone’s Will after they have died. This can be used to distribute their assets in a different way in order to reduce the amount of Inheritance Tax (“IHT”) that will be payable or to make provision for someone who was not included in the Will.

07 Jul 2021

How quickly do I need to apply for probate after someone dies?

After someone passes away, their personal representative(s) will generally need to apply for a Grant of Probate or, if there isn’t a Will, a Grant of Letters of Administration.

21 Jun 2021

Probate in respect of spouse

Applying for probate is not always necessary when the deceased is survived by their spouse.

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