Two-thirds of UK adults are without a Will

An estimated two-thirds of Brits have not made a Will to pass on their wealth. 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. It also…

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Care Fees and 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. While it is not lawful to deliberately deprive the local authority of funds, there are legitimate ways to protect your wealth so that it can be passed on to your beneficiaries when the time comes. The cost…

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Executors’ Liabilities

The role of executor to the estate of someone who has died comes with a number of responsibilities. An executor has the task of administering the deceased’s affairs, to include paying debts, selling assets and preparing estate accounts. The role is onerous. It can be time-consuming and sometimes complex, depending on the estate in question. Being an executor also requires…

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Partial Intestacy

If someone dies without leaving a Will, they are said to be intestate. If they leave a Will but it does not deal with the whole of their estate, they are partially intestate. When someone dies intestate, their estate is distributed in accordance with the Rules of Intestacy (the Rules). The Rules set out in order of preference who is…

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Setting up a Power of Attorney: A step by step guide

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. There are two types of Lasting Power of Attorney (LPA), one that deals with property and financial affairs and one that deals with health and welfare. If you make a property and financial…

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Court of Protection and Deputyship

If an individual loses the capacity to manage their own affairs and make important decisions, it may be necessary to apply to the Court of Protection for a deputyship order. When someone is no longer able to cope with day-to-day life, either in respect of their financial matters or in relation to their care or both, then someone will need…

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Renounce Executorship

What happens if you do not want to take up the role of executor? It is sometimes the case that the person named in a Will as the deceased’s executor is unable or unwilling to take on the role. The task of executor can be complex and time-consuming. It involves identifying and valuing all of the deceased’s estate, calculating and…

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Intestacy Explained

When someone dies without leaving a Will, they are said to have died intestate. There are strict rules governing who will inherit their estate, known as the Rules of Intestacy. Dealing with the estate of someone who has not left a Will can be more complex and time-consuming than normal. There can also be an increased risk of disputes arising.…

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The role of the probate registry

When someone dies, you may need to contact the Probate Registry. We take a look at the office and the role it plays in estate administration. The Probate Registry is part of HM Courts and Tribunal Service. It issues legal authority to those dealing with the winding-up of an estate after a death. If the deceased left a Will, then…

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