Help Guides
Here you’ll find some of our frequently requested help guides. We review and add to this list from time to time. If you are looking for information on a topic that isn’t covered here, please feel free to contact us.
If you are named as a Deputy in an Order from the Court of Protection, then you will be required to make decisions about the affairs of a friend or family member.
If you are named as an Attorney in a Lasting Power of Attorney, then you may be required to make decisions about the affairs of a friend or family member.
Often known as ‘living wills’, Advance Decisions and Advance Statements allow you to set out your wishes for any life-sustaining medical treatment you may receive in the future.
When you write a Will, in addition to recording your wishes for your estate in the event of your death, you will also be able to appoint a legal guardian your children.
Attorneys have to make very complex decisions about another person’s finances or health and welfare. Because of this, you may wish to consider appointing a professional to carry out the role.
It’s important to carefully consider who to appoint as an executor or trustee in your Will, as the people you choose will have to carry out vital legal responsibilities.
Many people choose to use the services of a funeral director when planning an end-of-life celebration. However, there’s no legal requirement to do so and you may decide to arrange the funeral yourself.
If you have been nominated to act on behalf of someone else in a power of attorney (POA) you will have a number of tasks to manage on behalf of the donor (the person who made the POA).
Bank account fraud occurs when your bankcard or account information has been stolen, either as a direct result of identity theft or by other means.
An estate is considered to be insolvent if its debts and liabilities are larger than its assets.
If you have received an inheritance in a Will but believe it would be better if it went to someone else instead, you can surrender your share by making a Deed of Variation.
If you or a loved one require residential care, the local authority will carry out an assessment of your assets to determine what financial support you will be entitled to.
Digital assets can make up a significant part of a person’s estate, but they are often not fully understood. This help guide explains what digital assets are, and what happens to them after someone dies.
Decisions over whether resuscitation should be attempted (DNR decisions) can be particularly overwhelming for patients and their loved ones.
When someone who received means-tested benefits dies, the Department for Work and Pensions (DWP) might ask for information about their estate.
When someone dies, the process of administering their estate will typically fall to their loved ones. This is a big responsibility and needs to be managed with care.
If you have a connection with any EU member states that have signed up to the EU Succession Regulation, this may affect what happens to your estate when you die.
Under the IPFDA 1975, certain people are able to bring a claim in court against the estate of a person who has died.
If you have been appointed as an executor, you have the right to claim reasonable expenses back from the estate.
Many people consider passing on significant assets to their children or loved ones during their lifetime, but it’s important to be aware of the legal and tax implications of doing this.
Deputies are appointed by the Court of Protection and are given legal authority to make decisions on behalf of a vulnerable person.
There are times when we need to make payments to our clients. This might be because we have been acting on their behalf in a successful claim, or perhaps because we are handling an estate in which they are a beneficiary.
February 2024 If you’ve been told by your solicitor that it’s time to instruct counsel, you might not be sure what to expect. We’ve worked with barrister and mediator Elaine Palser from Outer Temple Chambers to put together this help guide.
Under a Joint Tenancy, each owner has an indivisible share in the property, meaning that each owner is equally entitled to the whole of the property.
If you made an Enduring Power of Attorney before they were replaced with Lasting Powers of Attorney in 2007, you may wish to consider whether it’s still valid.
If you own a business, there are a range of special considerations to keep in mind when making a Lasting Power of Attorney.
A life interest trust is a type of trust that can be written into a Will. It is also possible for someone to set up a life interest trust during their lifetime, though these are called inter vivos trusts and are not covered in this help guide.
We advise many clients when it comes to planning for the future. One recurring theme concerns care home costs, and how these might be met.
One recurring theme concerns how best to protect children from losing their inheritance, if a spouse or partner remarries, or enters into a new relationship, after the first spouse or partner has died.
You often hear stories of cats or dogs inheriting fortunes but, in England and Wales, at least, it is impossible to leave money to your pet.
Making a Will lets you decide what happens to your money, property, and possessions after your death.
Mental capacity is a measure of someone’s ability to make a decision for themselves. If someone close to you loses this, it can be very difficult to deal with.
Guardianship allows certain people to apply to the courts to be granted permission to deal with a missing person’s finances and property. This is also known as ‘Claudia’s Law’.
This is not true. Dementia and Alzheimer’s disease are not the only reasons why someone might need to act as your Attorney in the future. There are many reasons why you might decide to put Lasting Powers of Attorney (LPAs) in place.
This is something we hear regularly from clients. They might have attended a seminar and been told to put all their assets into a Trust whilst they’re still alive, to circumvent the need for their Executors to get a Grant of Probate when they die. Sometimes, they might also be told that assets in the Trust won’t attract any Inheritance Tax. Unfortunately, this is not always the case.
Many couples in the UK choose to cohabit but not marry or enter into a civil partnership. Some do so under the belief that they will be protected because they have a ‘common law marriage’ and will be treated much the same as a married couple in relation to tax, inheritance and many other issues.
This is another common misconception we hear from clients. They have made a Will, or a specific type of Will, in the belief that it will prevent their loved ones needing to obtain Probate or pay any tax on their death. Unfortunately, this is not true.
This is a tricky point, that has come up with several clients over the years. In brief, you have no such entitlement. To understand this aspect of Wills and probate law, it is important to first make a clear distinction between what you may feel you are morally entitled to know and what the law says you are entitled to know.
When you make a Lasting Power of Attorney, you are putting a document in place which will remain valid even if you lose capacity in future. But does this mean you can’t change it once it’s been registered?
In many cases, a diagnosis of Dementia does not prevent someone from making or updating their Will, or putting Lasting Powers of Attorney (LPAs) in place. In fact, in our experience, receiving a diagnosis like this, tends to be the nudge that people need to put their affairs in order.
In short, there is no entitlement for anyone to know when someone else has made a Lasting Power of Attorney (LPA).
Despite it seeming to have some logic, this is nevertheless quite wrong.
There are many challenges to face if you have been seriously injured in an accident. Besides working to get your life back on track, difficulties can arise from taking legal action for compensation.
Powers of Attorney and Deputyship Orders both give people the legal authority to act and make decisions on behalf of someone who has lost mental capacity.
Wills are confidential documents that are usually only made public after someone’s death. However, if you have been named as an Attorney on someone’s behalf, you might believe it is necessary for you to see that person’s Will.
In certain circumstances, the loved ones of a missing person can apply to the court for a Declaration of Presumed Death in order to achieve closure and administer the missing person’s estate.
Understanding how inheritance tax works can help you take steps to reduce the amount that your estate may have to pay.
An Enduring Power of Attorney must be registered when the person who made it begins to lose mental capacity.
If you can’t find a loved one’s Will after their death – or if you’re not sure whether they made one at all – there are steps you can take to investigate this.
While moving in with your partner is an exciting time, there are considerations to keep in mind in order to protect your rights in the future.
A Statutory Will is a Will made by the Court of Protection on behalf of someone who is unable to make one themselves because they lack the required mental capacity.
Many couples in the UK choose to co-habit but not marry or have a civil partnership. Some do so under the belief that they will be protected by the fact that they have a “common law marriage” and will be treated much the same as a married couple in relation to tax, inheritance and many other issues.
You can reduce the amount of inheritance tax that is payable by making the most of various tax-saving provisions. One of these provisions is the Residence Nil Rate Band (RNRB).
August 2024 We know how long, expensive and frustrating dispute cases can be. If you’re currently dealing with a matter like this, you may be tempted to try and speed things up and cut costs by communicating directly with the solicitors acting for the opposing party. Unfortunately, doing this can be very risky.
Your draft Will contains reference to the ‘Standard Provisions and all of the Special Provisions of the Society of Trust and Estate Practitioners (2nd Edition)’. These provisions are often referred to as the STEP Provisions. The STEP Provisions, whether standard or special, can be excluded from your Will, but we don’t recommend this.
Trustees and personal representatives of certain estates face new obligations under the new registration service.
Inheritance tax is a tax payable on your assets after your death. Any provisions you make in your Will may have implications on the tax liability of your estate.
Trusts can be useful tools in a variety of situations. If you have explored different ways of providing for the future of your loved ones, you will have undoubtedly come across trusts.
When you apply for probate on behalf of an estate, you will need to value the estate and submit a full valuation to HMRC.
June 2024 What Do You Need to Know Before You Decide to Pursue Litigation? If you’re considering going down the path of litigation, you will need to make sure you have carefully weighed up all aspects of the situation.
The information you have provided on the IHT400 form will enable HMRC to calculate whether any inheritance tax is due and, if so, how much.
Discretionary domicile is a concept used by the courts to determine which country’s tax laws should apply to individuals with links to more than one country.
If you have information related to a civil case, you may be asked to provide evidence. This might be by providing a witness statement or even by being asked to attend court.
Contact us for straightforward advice that makes things easier, saves you money, and gives you peace of mind.