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If you're acting as an attorney for someone close to you, you'll know the role comes with a lot of responsibility. Among other things, it's important to ensure you're clear on which decisions you have the authority to make, and when you'll need to seek special permission to proceed from the Court of Protection.
Legal documents such as powers of attorney can involve a lot of unfamiliar legal jargon. If you're not sure what it means to appoint attorneys 'jointly' or 'severally', we've explained the difference on our blog.
There are all kinds of misconceptions about who is responsible for paying the legal fees when there's been a dispute about an estate. Find out who really pays over on our blog.
If you believe there is a problem with the Will a loved one has left behind, this can add a huge amount of complication to a situation that is already difficult.
No one wants to have to deal with a disagreement after a death. If you’ve found yourself in a situation like this, it can be tempting to hope it goes away on its own. However, it really is important to act quickly in these cases. Here’s why.
For various reasons, inheritance disputes are on the rise. We’ve shared five of the most common reasons behind probate disagreements, along with our advice on what to do if you’re in this situation.
A leading Yorkshire legal firm has submitted an official complaint over what it describes as “outrageous” and persistent delays in the probate system — delays which continue despite recent government claims of major improvement.
When planning what you would like to happen to your estate in the future, you’ll need to consider everything that makes up that estate. This will no doubt include traditional assets such as property, bank accounts, art, jewellery, collectibles and stocks. However, today’s estates often incorporate more dynamic digital assets, such as cryptocurrencies.
The Court of Protection makes decisions relating to welfare and finances on behalf of people who don’t have the mental capacity to make those decisions for themselves.
A Lasting Power of Attorney (LPA) is a valuable and versatile legal document that can play a key role in your future planning. Whatever stage of life you’re in, we think it can be very reassuring to know you have all eventualities covered.
The use of Artificial Intelligence is significantly impacting our lives and for the legal profession this brings unique challenges.
The ideal time to put legal documents such as wills, powers of attorney and advance statements in place is generally long before you expect to need them. Unfortunately, life is unpredictable, and we are not all dealing with ideal circumstances.
Most people write a Will with the expectation that it won’t be needed for many, many years. In the best-case scenarios, they won’t be. However, none of us really know what is up ahead, and if the unexpected was to happen, leaving a Will behind would make things a great deal simpler for those around you.
Because of our aging population, devastating conditions such as Alzheimer’s disease and dementia are on the rise. This means that it’s becoming even more important to consider writing a Lasting Powers of Attorney.
Administering the estate of a child or young person may seem daunting, but it is typically a straightforward process. While most estates of children are modest and do not require a Grant of Probate, family members will still need to handle any financial assets and follow intestacy rules.
In the UK, testamentary freedom allows individuals to choose who inherits their estate, but this is not the case in countries with forced heirship laws. These laws mandate that specific family members, such as children or spouses, receive a set portion of an estate, which can impact estate planning for those with international assets.
Government bodies like the Probate Registry and Office of the Public Guardian are experiencing significant delays in processing legal applications. Understanding current wait times and seeking expert legal advice can help you navigate these challenges effectively.
Administering an estate involves assessing assets, paying debts, and distributing remaining assets to beneficiaries. Personal representatives carry legal liability, making expert legal advice essential to avoid mistakes and protect against potential claims.
Planning for a cross-border estate requires careful consideration of inheritance laws in multiple jurisdictions. Specialist legal advice can help ensure your Will reflects your wishes while adhering to the rules in all relevant countries.
Winding up an estate becomes more complex if the deceased was the director of a limited company, requiring careful handling of legal obligations and company affairs. Planning ahead with clear articles of association and an up-to-date Will is crucial for protecting the business, employees, and beneficiaries.
Administering a cross-border estate can be complex, requiring navigation of legal systems, inheritance laws, and tax regulations in multiple countries. Trusted legal advice is essential to protect personal representatives from potential liabilities and ensure the estate is administered correctly.
Valuing an estate after a death includes accounting for all assets, from property to intellectual property, and debts owed to the estate. Clear documentation and communication can help prevent disputes, especially with informal loans or debts involving beneficiaries or executors.
Determining whether a Will is valid is a critical step when administering an estate. Issues like improper witnessing, outdated documents, or undue influence can render a Will invalid, requiring careful scrutiny and expert advice.
Winding up the estate of a business partner comes with unique challenges, particularly around partnership agreements and liabilities. Clear planning and professional advice can help ensure the process is as smooth as possible for all involved.
As the year ends, it’s the perfect time to reflect and plan for the future. Ensure your legal documents, like Wills or Lasting Powers of Attorney, are in order to start 2024 with peace of mind and readiness for whatever lies ahead.
As 2023 comes to a close, several key changes in private client law have been implemented, including tax adjustments, estate administration updates, and new rulings on contentious trusts and estates. These changes could affect your future plans, so don't hesitate to seek expert advice to navigate them effectively.
Couples often create mirror wills, which are nearly identical documents reflecting each other's wishes. However, mutual wills, while seemingly similar, bind the surviving partner to the original terms, making them inflexible and potentially problematic in changing circumstances.
Administering an estate involves managing various taxes, including income tax, capital gains tax, and inheritance tax. Personal representatives must ensure tax liabilities are settled and report them to HMRC, seeking professional advice for complex estates to avoid personal liability.
Administering an estate for someone who was self-employed involves additional steps, such as dealing with business assets and ensuring self-assessments are up to date. If you are managing the estate of a sole trader or freelancer, it's crucial to understand the implications of their business's closure and seek expert advice to avoid personal liability.
When more than one executor is named in a Will, they may work together to manage the estate, or one may choose to reserve their power. If a reserved executor decides to act later, a second Grant of Probate, known as double probate, may be required to continue administering the estate.
Inheritance tax applies to estates valued over £325,000, with a tax rate of 40% on the excess. Proper planning and understanding of reliefs can help minimize tax burdens and avoid complications, such as rising interest on delayed payments.
Family disagreements over estates can arise even in straightforward situations or previously harmonious relationships. Understanding your legal standing and exploring open communication can be essential steps in navigating these disputes.
The statutory legacy amount has risen to £322,000 for those who die without a Will after July 23, 2023. This increase impacts intestate estates, ensuring a larger share for surviving spouses while balancing inheritance for children.
Applying for a declaration of presumed death is a deeply personal decision, often made after years of uncertainty. This legal step can provide emotional closure and help resolve practical matters, such as estate administration and insurance claims.
Appointing a guardian for a missing person is a significant step for managing their affairs after 90 days of absence. Guardianship involves responsibilities such as safeguarding assets, notifying institutions, and acting in the missing person’s best interests.
Administering an estate can become complex if a beneficiary is missing or uncontactable. Seeking expert advice from a probate solicitor ensures all avenues are explored to locate them, while protecting personal representatives from future liability.
Disagreements during estate administration are not uncommon, especially when emotions run high after losing a loved one. Seeking advice from a specialist probate solicitor early on can help resolve conflicts and provide clarity on legal rights and next steps.
A Lasting Power of Attorney (LPA) ensures trusted decision-making support when you're unable to act, even temporarily. If you're moving abroad, understanding how LPAs are recognized internationally is crucial to protecting your interests in your new home and the UK.
A Power of Attorney allows you to appoint someone to make decisions on your behalf, providing peace of mind in unforeseen circumstances. For business owners, LPAs can ensure continuity by authorizing a trusted individual to manage operations during periods of incapacity or absence.
Overseas succession laws can significantly impact how your estate is distributed, especially if you hold assets in multiple countries. Consulting a specialist solicitor ensures your Will aligns with the laws of relevant jurisdictions and protects your estate from unexpected legal complications.
Administering a cross-border estate involves navigating the complexities of multiple jurisdictions and often requires obtaining a Grant of Probate in each country where assets are held. Personal representatives must also determine the legal domicile of the deceased to ensure proper probate and tax compliance.
Administering an estate with trusts requires additional steps for executors, as they must set up the trust and transfer assets into it before trustees take over management. Trusts can have tax implications, and executors should be aware of the responsibilities related to registration and tax obligations.
Selling property and belongings is a key responsibility for personal representatives during the probate process. Whether handling property sales or smaller assets, it’s crucial to ensure accurate valuations and adherence to the estate's wishes, especially when inheritance tax is involved.
Despite the pandemic highlighting the need for future planning, 57% of people in the UK still don’t have a Will, leaving their family finances at risk. Lynsey Bashforth from Roche Legal is working to raise awareness through free clinics, emphasizing the importance of making and updating Wills to protect loved ones.
The probate process involves multiple stages, from registering the death to distributing the estate’s assets, and can take anywhere from a few months to over a year. Understanding the timeline and seeking the right advice can help make this complex process more manageable.
Administering an estate and navigating the probate process can be overwhelming, especially during a time of grief. Seeking good advice, staying organized, and considering professional support can help make this complex task more manageable.
Administering an estate with overseas assets can be a complex process due to varying probate laws across countries. Working with an experienced solicitor is essential to navigate the unique legal requirements of each jurisdiction involved and ensure all assets are managed correctly.
At Roche Legal, dignity and respect are central to everything we do, especially when supporting individuals from vulnerable groups. Join us on February 14th for a special Dignity Action Day afternoon tea, in partnership with Bluebird Care Wakefield and Kirklees, to celebrate and promote dignity for all.
Probate often comes with misconceptions, but understanding the process is key to navigating it smoothly. From clarifying what probate entails to debunking myths about costs and requirements, we’ve outlined the facts to help you make informed decisions.
Roche Legal is supporting Update Your Will Week 2023 to encourage people to create or regularly review their Wills. With over 30 million UK adults lacking a valid Will, this campaign highlights the importance of keeping your wishes up to date to avoid future legal complications.
Acting as a personal representative for an estate is a significant responsibility that can be time-consuming and stressful. Seeking professional legal help from a probate solicitor can save you time, reduce stress, and provide legal protection throughout the process.
Writing a Will is a vital step in ensuring your loved ones are protected and your wishes are honored after your death. It’s especially important for those with blended families, as it allows you to clearly outline provisions for unmarried partners, stepchildren, and others who may not inherit under intestacy laws.
Understanding the roles of solicitors, accountants, financial advisors, stockbrokers, and fund managers can help you decide who to consult for legal or financial support. Whether you need legal documents, tax advice, or investment management, each professional brings unique expertise to suit your needs.
Planning for your pet’s future can ensure they are well cared for if you become unable to look after them. Including pets in your Will or creating a Pet Directive can provide peace of mind and detailed instructions for their care.
Repeated disappearances can be challenging for both the individual and their loved ones. Legal options, such as applying for guardianship or involving the Court of Protection, may help provide support and solutions in these complex situations.
Applying for a certificate of presumed death enables loved ones to administer the missing person’s estate and gain closure. While the process is similar to handling the estate of someone confirmed deceased, unique considerations, such as the potential return of the missing person, require careful planning.
The wait for a grant of probate has significantly increased, with applicants now facing delays of up to 18 weeks. This prolonged process is due to factors like backlogs, increased phone volumes, and complications with inheritance tax forms, causing frustration for personal representatives and beneficiaries.
Applying for a Declaration of Presumed Death is a significant decision that requires careful consideration of personal circumstances and legal guidelines. This legal document can help loved ones move forward with winding up affairs, but the timing of the application is a deeply personal choice.
When a loved one goes missing, their responsibilities, including property, finances, and dependents, may need to be managed by someone else. Under the Guardianship Act 2017, loved ones can apply for a guardianship order to handle these matters in the missing person's best interests.
When a loved one goes missing, managing their responsibilities, including caring for dependents or handling finances, can become overwhelming. If you’re unsure about your rights, a guardianship order may allow you to take control of their affairs while they are absent.
Going missing can happen for various reasons, from personal crises to seeking distance from certain situations. While it is generally not illegal to go missing, there are certain legal implications, especially when dependents or legal responsibilities are involved.
Recent changes in regulations mean that almost all express trusts now need to be registered with HMRC, even if no tax is due. It’s important for trustees to understand the registration requirements and deadlines to avoid potential penalties.
Divorce or dissolution of a civil partnership can significantly affect your Will, as any mention of a former spouse or civil partner is automatically disregarded. It’s essential to update your Will after these events to ensure your wishes are clear and to avoid potential complications for your estate.
When someone dies, their personal representative, usually an executor, must administer the estate and keep detailed accounts. Beneficiaries, particularly residuary beneficiaries, have the right to see these accounts to ensure everything has been handled properly, but exceptions may apply.
When planning for your financial future, it’s crucial to work with trustworthy professionals, as some fraudulent trustees have preyed on vulnerable clients. Companies like Universal Wealth Preservation have misled clients into appointing them as professional trustees, causing financial loss and complications in estate administration.
When visiting a solicitor, it’s common to bring a friend or family member for support. However, the solicitor may ask the companion to wait in the waiting room briefly, to ensure they can speak to you privately and assess your mental capacity, ensuring your legal documents are valid and free from undue influence.
Couples often consider making legal documents such as wills or powers of attorney together, but these documents must be created individually, though they can complement each other as "mirror" documents. While mirrored documents are common, it's important to make personal decisions, especially if you and your partner have differing wishes or circumstances.
Appointing a trusted individual to manage your affairs through a power of attorney can provide peace of mind, especially if you face health concerns or are unable to manage finances. There are different types of powers of attorney that grant varying levels of responsibility, and a specialist solicitor can help determine which option is best for your needs.
Mental capacity is crucial in determining whether a power of attorney can be used to make decisions on someone’s behalf. Understanding how mental capacity is assessed and the potential for disagreements can help families navigate complex legal decisions when a loved one is no longer able to manage their affairs.
Powers of attorney are essential legal tools that allow individuals to appoint someone to make decisions on their behalf. Whether for property, finances, or health care, understanding the differences between Lasting Powers of Attorney and Ordinary Powers of Attorney can help ensure you choose the right option for your circumstances.
Acting as an attorney under a Lasting Power of Attorney can feel daunting, but understanding the process can help you prepare. From registering the LPA to making best-interest decisions, knowing your responsibilities is key to supporting your loved one effectively.
Planning for your future includes more than just deciding what happens to your estate after death. Creating a Lasting Power of Attorney ensures your loved ones can make crucial decisions about your care and finances if you're unable to do so.
The holiday season is a time for reflection as well as celebration. With uncertainty in the air, now might be the perfect time to think about putting your affairs in order, from making a Will to planning for inheritance tax or care home fees.
Planning for the future includes more than retirement—it’s also about preparing for what happens to an estate after death. Encouraging clients to create or update their Wills, plan for inheritance tax, and consider trusts can provide peace of mind and financial security for their loved ones.
Divorce is a life-altering event that requires careful legal and financial planning for the future. Key considerations include updating Wills, appointing legal guardians, revising powers of attorney, and establishing Advance Statements or Decisions for peace of mind.
Purchasing property is an exciting milestone, but it also comes with important legal considerations for the future. Conveyancing solicitors can guide clients on key issues like joint ownership, estate planning, updating Wills, and powers of attorney.
The role of executor or administrator involves a wide range of responsibilities, from securing property to distributing assets. Professional support can help navigate complex issues like inheritance tax, overseas assets, or disputes among beneficiaries.
Cryptocurrencies, loyalty points, and in-game currencies are unique digital assets that executors must assess and distribute after a death. Accessing these assets often requires prior preparation, as without clear instructions, valuable cryptocurrencies like Bitcoin may be lost forever.
Executors are responsible for managing digital assets such as social media accounts, cryptocurrencies, and online subscriptions after a death. Options include memorialising accounts, accessing their value, closing them, or allowing them to become inactive.
Administering an estate, including digital assets like social media accounts and cryptocurrencies, can be complex. Executors are legally responsible for assessing, valuing, and distributing all assets according to the Will or intestacy rules.
Our growing number of online accounts raises questions about their fate after death. From social media to online banking, preparing for what happens to digital assets can ease the burden on loved ones and ensure your wishes are respected.
Digital assets, from social media profiles to online gaming accounts, are a vital part of modern estates. Including them in your Will ensures they are valued, properly managed, and distributed according to your wishes.
As more of our lives transition online, digital assets like social media accounts, cryptocurrencies, and files on cloud storage are becoming valuable. Learn what digital assets are, how to safeguard them for the future, and how Roche Legal can assist in protecting your digital legacy.
The term "next of kin" refers to a person’s closest relative, but it often causes confusion as it doesn’t carry automatic legal rights. Learn how the next of kin is determined, their role in hospitals and after a death, and how to ensure your wishes are respected.
Being appointed as an executor in someone's Will is a significant responsibility. Understand the key tasks involved, from registering the death to managing inheritance tax and rehoming pets. Discover how Roche Legal can provide expert support through this complex process.
Administering the estate of a shareholder in a private limited company can be complex. Learn about the process for transferring or selling shares after death, the role of pre-emption rights, and the responsibilities of personal representatives.
Receiving an inheritance isn’t always as quick as you might expect. Before any payments can be made, the estate needs to be wound up, debts settled, and a Grant of Probate obtained. Learn more about the factors that can delay the process.
Inheritance tax is a legal obligation that often arises after the death of an individual. Here's a detailed guide on what inheritance tax is, how it's calculated, and how to pay it.
Probate can be a complex process after someone passes away, involving managing the deceased's estate, paying debts, and distributing assets. Here's what you need to know about probate, who applies, and how long it takes.
Paying for care home fees is a major concern for many elderly people. Whether it’s self-funding, council support, or top-up fees, understanding the financial process is crucial for both residents and their families.
Fraud can complicate the process of making or administering a Will. From fraudulent signatures to undue pressure or destroyed Wills, understanding how to spot these issues can help when challenging a Will.
Promises about inheritance are not always legally binding unless recorded in a valid Will. However, proprietary estoppel may allow claims if a promise was relied upon and resulted in detriment, as seen in the case of Wills v Sowray (2020).
Planning your Will carefully can help minimize the chances of family disputes after your passing. By appointing experienced solicitors, reviewing arrangements regularly, and communicating your wishes, you can significantly reduce potential conflicts.
Disinheriting a close family member is a sensitive and legally complex decision. Ensuring your Will reflects your intentions requires careful planning, especially to protect it from disputes or challenges based on mental capacity or undue influence.
Disputing a Will or estate can be costly and complex, but understanding your options is essential. Mediation can often resolve disagreements without going to court, but if litigation becomes necessary, careful planning and expert advice are crucial.
Contentious probate arises when disputes occur after a loved one’s death, often involving disagreements over Wills or trusts. Knowing your legal rights and common grounds for challenge, such as invalid Wills or financial exploitation, can help resolve these matters effectively.
Contesting a Will can arise when family members disagree with its contents or believe it does not reflect the deceased’s true wishes. Understanding your legal rights and the steps involved, including mediation or court proceedings, is crucial in resolving these disputes effectively.
The Court of Protection makes decisions on behalf of individuals who lack mental capacity, always prioritizing their best interests. From medical procedures to complex financial cases, the court considers evidence and past actions to determine the most appropriate outcomes.
The Court of Protection decides on financial and welfare matters for individuals lacking mental capacity. If no Lasting Power of Attorney is in place, loved ones may need to apply for deputyship to make crucial decisions on their behalf.
Mental capacity concerns arise in various situations, including creating legal documents like Wills or Lasting Powers of Attorney (LPAs). Proactively preparing an LPA ensures your chosen representatives can act in your best interests if you're ever unable to make decisions yourself.
We can only imagine how difficult it is to deal with the reality of a loved one going missing. This will undoubtedly be a very emotional period, and you’re likely to need a great deal of support.
Powers of Attorney (POAs), including Lasting Powers of Attorney (LPAs), are vital legal documents that allow trusted individuals to make decisions on your behalf. Preparing a POA ensures your personal, financial, and health interests are protected, especially in cases of unexpected illness or loss of mental capacity.
Making a Will ensures your estate passes to the people of your choice and prevents complications under intestacy rules. By working with a solicitor, you can create a valid Will, properly witnessed, that reflects your wishes and protects your loved ones.
Caring for an elderly relative involves navigating complex financial decisions, including who pays for care home fees. If the council covers part of the costs, you may be required to pay "top-up fees" for a more expensive care home, but these fees are typically paid by a third party, such as a family member.
Caring for an elderly relative can become challenging, especially when the decision to move them into a care home is involved. A power of attorney, particularly a Lasting Power of Attorney (LPA), can help you make decisions about their care, but only if they lack the mental capacity to make those decisions themselves.
A beneficiary’s bankruptcy can impact their ability to inherit under a Will, as any inheritance may go directly to their bankruptcy trustee. It’s crucial to understand how bankruptcy affects inheritance and the legal rights involved.
Powers of Attorney allow individuals to appoint someone to make important decisions on their behalf, either temporarily or long-term. It’s crucial to choose your attorney carefully, and in certain circumstances, you may need to revoke or challenge a Power of Attorney.
When a loved one passes away, handling their finances and bank accounts can be a complex process for the bereaved. It’s important to understand the legal steps involved, from notifying banks to applying for probate, especially when joint accounts or intestacy rules come into play.
Writing a Will involves more than naming beneficiaries; it must account for legal obligations like reasonable financial provision to avoid disputes. By working with a solicitor, you can ensure your intentions are clear and reduce the risk of challenges under the Inheritance Act.
Signing legal documents like Wills and Lasting Powers of Attorney still requires witnesses to be physically present, even during the Coronavirus pandemic. By following social distancing measures—such as signing through a window or over a garden fence—you can ensure your documents are valid and compliant with the law.
Effective inheritance planning can help reduce or eliminate inheritance tax, ensuring more of your estate benefits your loved ones. Complex cases, like trusts and lifetime transfers, highlight the importance of seeking specialist legal advice to avoid unintended tax consequences.
The Statutory Legacy increased to £270,000 in February 2020, impacting those who die without a Will. While this change benefits surviving spouses, it highlights the importance of having a Will to ensure your estate reflects your true wishes.
While Deputyships usually focus on supporting living individuals, an unusual case highlighted how they can help prevent inheritance disputes. The Court of Protection approved a DNA test to confirm parentage, reducing uncertainty and potential claims over the estate.
Acting as a Deputy for a loved one comes with strict legal duties, including ensuring all actions are in their best interests. This becomes particularly complex when considering making gifts on their behalf, as seen in cases where courts assess whether such gifts align with the protected person’s overall circumstances.
When someone dies, legal disputes can arise, particularly when their wishes or lack of a Will cause unexpected outcomes. A recent case involving inheritance and lifetime transfers highlights key legal principles like proprietary estoppel, mental capacity, and inheritance claims.
The Court of Protection has clarified that Attorneys can act on a Donor's express wishes to benefit others under a Lasting Power of Attorney, provided these are not mandatory instructions. Attorneys must always prioritize the Donor’s best interests, even when managing gifts or potential conflicts of interest.
The tragic case of Mr and Mrs Scarle highlights how the commorientes rule determines inheritance when it is unclear who died first. Proper Wills and estate planning can prevent such disputes, ensuring your assets pass to your intended beneficiaries.
Attorneys and Deputies hold significant responsibilities in managing the affairs of others, but misuse of these powers can cause serious harm. The Office of the Public Guardian (OPG) investigates concerns and ensures vulnerable individuals are safeguarded against abuse.
The long-awaited Guardianship (Missing Persons) Act 2017 will come into force on 31 July 2019, allowing families of missing persons to manage their loved one’s affairs without declaring them presumed dead. This new law, known as Claudia’s Law, provides a compassionate solution for families during periods of uncertainty.
Digital assets like social media profiles, photos, and music libraries often hold significant value but are frequently overlooked in inheritance planning. Understanding the rights tied to these assets and preparing a clear digital legacy can save loved ones from legal battles and preserve cherished memories.
The Guardianship (Missing Persons) Act 2017 aims to help families manage the property of missing loved ones through a Guardianship Order. While the law promises relief, its implementation has been delayed, with provisions now expected by July 2019.
Upcoming changes to probate fees will significantly impact estates based on their value, with fees ranging from £250 to £6,000 for estates over £50,000. Executors and administrators may face challenges in paying these fees before gaining legal access to estate funds.
Two recent cases, Cowan v Foreman and Bhusate v Patel, highlight the unpredictable nature of out-of-time claims under the Inheritance (Provision for Family and Dependants) Act 1975. While courts have broad discretion, these cases demonstrate how differing circumstances can lead to drastically different outcomes.
A grant of probate is essential for administering an estate, giving Executors the legal authority to manage assets and distribute them according to the Will. Recently, HM Courts and Tribunal Service announced changes to the grant of probate certificate, which serves as proof of its issuance.
Mental capacity raises complex questions about autonomy, ethics, and human rights, as illustrated by the case of A Local Authority v BF. This case explores whether courts can overrule decisions made by someone with mental capacity to protect their welfare under inherent jurisdiction.
Loyalty points can hold significant value, but many people overlook what happens to them after they die. While some schemes allow you to transfer points in your Will, understanding the terms and conditions is key to ensuring your loved ones can benefit.
Contingent gifts in Wills allow you to prepare for unexpected scenarios by specifying conditions under which gifts are distributed. Proper planning and a well-drafted Will ensure your intentions are clear and avoid costly legal disputes like in the case of MacIntyre v Oliver.
The belief that everyone ends up in a care home is a myth—less than 4% of people over 65 and under 15% of those over 85 in the UK are in residential care. Many older adults can remain in their homes with appropriate support tailored to their needs.
Dying without a Will means the Intestacy Rules decide who inherits your estate, which may lead to outcomes you wouldn’t want. Making a Will ensures your wishes are honoured, minimizes inheritance tax, and prevents disputes among loved ones.
In England and Wales, you have the freedom to distribute your estate as you wish, but the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to challenge your Will if they feel entitled to more. If you're concerned about potential claims, you can take steps to reduce the chances of a successful challenge by providing clear explanations for your decisions.
A hostile or ineffective executor can significantly delay the administration of an estate. While removal may be necessary in some cases, the process can be lengthy and costly, so it's crucial to assess whether the executor's actions are truly hindering the estate's progress before pursuing legal action.
Many people mistakenly believe they can take full control when appointed as an Attorney under a Lasting Power of Attorney. However, Attorneys are legally required to act in the Donor's best interests, and only have authority when the Donor lacks the capacity to make decisions themselves.
There is no automatic entitlement to know if someone has made a Lasting Power of Attorney (LPA). Until an LPA is registered with the Office of the Public Guardian, only the Donor, their chosen Attorneys, and possibly their solicitor are typically aware of it.
A dementia diagnosis doesn’t necessarily prevent someone from making or updating their Will or setting up Lasting Powers of Attorney (LPAs). As long as the individual meets the required legal capacity tests, they can take these steps to ensure their wishes are respected.
A Lasting Power of Attorney (LPA) can remain valid even if you lose capacity, but it can still be changed or updated under certain circumstances. Whether due to changes in relationships or an Attorney’s inability to act, options like a Deed of Partial Revocation allow adjustments while keeping the LPA in place.
Assisted dying raises complex legal and ethical questions. While Lasting Powers of Attorney (LPAs) cannot include directives for assisted suicide, options like Advance Decisions can specify your medical treatment preferences if you’re unable to decide in the future.
You are not legally entitled to know the contents of someone's Will while they are alive, as it remains their private property. After their death, access to the Will is limited to Executors, Trustees, and certain beneficiaries, unless it becomes public through Probate.
Having a valid Will does not automatically eliminate the need for Probate or inheritance tax on your estate. These requirements depend on the composition and value of your assets at the time of your death.
Common law marriage does not exist in the UK, leaving cohabiting partners with no automatic inheritance rights. Without a valid Will, your partner may receive nothing from your estate, making estate planning crucial.
Placing assets into a Trust doesn’t always eliminate the need for probate or ensure inheritance tax savings. Misunderstandings about trust benefits can lead to unexpected tax liabilities and loss of asset control, so careful planning is essential.
A Will is essential for ensuring your intentions are carried out, but some assets, like joint properties or certain investments, can pass outside its terms. Properly documenting your plans and considering all asset types helps avoid disputes and confusion for your loved ones.
Lasting Powers of Attorney (LPAs) are not just for those with dementia—they provide flexibility for various situations, like physical impairments or managing finances while abroad. Setting up LPAs ensures your chosen loved ones can make decisions on your behalf if needed.
Letting out a holiday home can provide great financial benefits, but its treatment for inheritance tax purposes can be complex. Discover how Business Relief might apply to holiday lettings and the factors that could influence your eligibility.
Acting as an Attorney under a Lasting Power of Attorney comes with significant authority and responsibilities, including acting in the donor's best interests. Misusing powers or failing to understand your duties can result in serious financial and legal consequences.
If you’re involved in a dispute, it’s likely that a solicitor will recommend that you consider professional mediation before taking any further legal steps.
Creative individuals often overlook the intellectual property in their estate planning, yet it can be among their most valuable assets. Properly addressing intellectual property in your Will ensures your creative legacy is preserved and passed to the right beneficiaries.
Administering an estate is a complex and demanding process, often involving legal responsibilities and personal liability. Seeking advice from a solicitor can help you navigate inheritance tax, safeguard your position, and ensure proper compliance with the deceased's wishes.
When a friend or family member passes away, any debts owed to them do not simply vanish. The loan becomes part of their estate, and personal representatives are legally required to collect outstanding debts, even if you are the sole beneficiary of the estate.
In this podcast, Rachel Roche from Roche Legal and Andrew Gray from Truth Legal discuss essential aspects of future planning, including Wills, Lasting Powers of Attorney, the Court of Protection, and more. They explore how to make informed decisions about estate planning, why using a solicitor can be beneficial, and how to ensure your wishes are respected.
When planning your estate, it’s important to understand how jointly owned property will be handled after your death. Depending on whether it’s held as joint tenants or tenants-in-common, your property could pass outside your estate, so make sure your ownership arrangements align with your wishes.
The Government has launched a scheme to help individuals in England and Wales claim back excessive fees paid for Lasting Power of Attorney (LPA) and Enduring Power of Attorney (EPA) applications between 1 April 2013 and 31 March 2017. The process is simple and can be completed online, with refunds including interest, and claims are processed within 12 weeks.
Understanding the time limits for challenging a Will under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) is essential. In this article, we explore a case where a widow sought to challenge her late husband's Will 11 years after his death and the key factors that influence whether a court will grant permission for such a late claim.
Making a Will is vital to ensure your wishes are carried out after your death, even though Wills can sometimes be challenged. In this article, we explore how claims under the Inheritance Act can impact Wills, using real-life cases to illustrate the key factors courts consider.
Inheritance Tax reliefs like Business Relief and Agricultural Relief can significantly reduce or even eliminate tax liabilities on certain assets. Understanding these options can help protect your estate and ensure your loved ones benefit fully from your legacy.
Planning for future medical decisions, such as through an Advance Decision or Living Will, ensures your wishes are respected if you can't communicate them. It can also ease the burden on your loved ones by removing the pressure of making life-sustaining treatment decisions.
When a Lasting Power of Attorney (LPA) donor passes away, the authority of the appointed Attorney(s) ends immediately. At this point, the donor's estate is managed by their Personal Representatives, who must apply for legal authority to act.
Inheritance disputes rarely involve human rights, but the case of Hand v George [2017] demonstrated their significance. This landmark decision overturned domestic law to prevent discrimination against adopted children based on the European Convention on Human Rights.
Proving fraudulent calumny in inheritance disputes is exceptionally challenging, as it must be the sole explanation for the disinheritance. Strong evidence is critical to establish that false statements directly influenced the testator’s decision.
The Guardianship (Missing Persons) Act 2017 introduces a new role, allowing families to manage a missing person's financial and property affairs more effectively. This new law aims to reduce delays and complications while ensuring the missing person's interests are protected.
The Residential Nil Rate Band (RNRB), introduced on April 6, 2017, allows you to pass more of your estate to loved ones tax-free under specific conditions. Understanding these rules and making informed estate planning decisions can result in significant inheritance tax savings.
The IPFDA allows various individuals, including cohabitees, to claim financial provision from a deceased person's estate, but strict criteria apply. The case of Martin v Williams highlights the challenges faced by cohabitees and underscores the importance of keeping Wills updated to reflect current relationships and intentions.
The UK Supreme Court has delivered its judgment in the landmark Ilott v Mitson case, reinstating the original 2007 court order after years of appeals. This ruling emphasizes the rights of individuals to dictate their Will’s terms, balanced against the court's role in providing for genuine financial need.
The Inheritance (Provision for Family and Dependants) Act 1975 allows family and dependants to claim reasonable financial provision from a deceased person’s estate. However, as highlighted in Roberts v Fresco [2017], the right to claim does not pass to successors upon death, emphasizing the importance of timely action.
Selling a property on behalf of a loved one is possible but requires legal authority through a Lasting Power of Attorney, Enduring Power of Attorney, or Deputyship. The process depends on their mental capacity and ensuring all actions are in their best interests.
A legal challenge to Jack Hayward's 2013 Will highlights the importance of proper preparation and professional advice. Despite allegations of mental incapacity and undue influence, the court upheld the Will, emphasizing the significance of clear evidence and thorough legal processes.
The Residence Nil Rate Band (RNRB), introduced on April 6, 2017, helps reduce inheritance tax on estates by providing an additional tax-free allowance specifically for the value of your home. Understanding eligibility and proper planning can ensure your loved ones benefit the most from your estate.
Most of us are familiar with the idea of getting our affairs in order, though we generally think of this as something that is done right at the end of someone’s life
The case of Poole v Everall (2016) underscores the importance of involving a solicitor when drafting a Will, especially for vulnerable individuals. The court found that David Poole’s 2012 Will, made using a DIY online service by his carer, was invalid because there was insufficient evidence that David understood and approved its terms, highlighting the risks of not using a qualified professional.
As we age, it's crucial to understand the law surrounding care home fees and asset disposal. Deliberate deprivation of assets—such as giving away property or transferring wealth—can result in penalties if the local authority determines the intent was to avoid paying care fees.
Proprietary estoppel can arise when a person makes a promise regarding property, and another person relies on it to their detriment. The case of Davies v Davies highlights how such claims can occur, particularly when someone works on a farm in reliance on promises to inherit it, only to face disputes over their rights to the property.
The Office of the Public Guardian (OPG) has issued new guidance to assist Deputies in managing family care payments, ensuring they make decisions that are in the best interests of the person they care for. This guidance covers the factors to consider, the appropriate amount to pay, and best practices for organizing such payments.
Choosing Attorneys for a Lasting Power of Attorney (LPA) requires careful consideration of trust and the ability of those appointed to work together. The case of Re YW highlights how conflicts between Attorneys can lead to costly delays and court intervention, emphasizing the importance of thoughtful planning.
The passing of celebrities often highlights legal complications surrounding estate administration. From Prince's lack of a Will to disputes over Lynda Bellingham's estate, these cases underscore the importance of proper estate planning to prevent complications for loved ones.
A Personal Representative (PR) manages a deceased person's estate, but removal or replacement may be necessary in cases of incapacity, mistrust, or wrongdoing. Courts consider beneficiary welfare, estate practicality, and costs before deciding, as highlighted in notable cases like Wilby v Rigby and Jones v Longley.
The 2016 Budget introduced significant changes impacting financial planning and taxes. Key measures include increased personal allowances, reduced Capital Gains Tax rates, and new savings options like the Lifetime ISA, alongside updates to pension and inheritance tax provisions.
Donors of a Power of Attorney can revoke it at any time, provided they follow the correct procedure and have the necessary mental capacity. The case of Re KJP [2016] EWCOP 6 illustrates this right, as the Court upheld a donor's revocation of an Enduring Power of Attorney despite opposition from the attorneys.
Many couples mistakenly believe in the concept of "common law marriage," expecting the same legal rights as married couples, but no such status exists under UK law. Without a valid Will, cohabiting partners have no automatic inheritance rights, making it crucial to formalize your wishes to protect your partner.
A recent case, Usher v HMRC [2016] UKFTT 050 (TC), underscores the risks executors face when handling estates without professional advice. The Tribunal firmly rejected the argument that ignorance of proper procedures, such as advertising in the London Gazette to protect against creditor claims, could excuse mistakes, highlighting the importance of seeking legal guidance to avoid personal liability.
Happy New Year! We're launching exciting projects, including our new book on estate handling, and are here to provide legal support and advice for you and your family throughout the year.
In the recent case of Re AMH [2015] EWCOP 70, the Court of Protection revoked a daughter's Lasting Power of Attorney for her mother due to concerns over her suitability. However, the same Court appointed her as a Deputy for her mother, allowing closer supervision of her actions.
A new report by SFE reveals that 86% of people in Yorkshire and the Humber have no control over crucial later-life decisions due to a lack of lasting power of attorney (LPA). While 39% have a will in place, only 7% have an LPA, leaving their wishes vulnerable in the event of illness or accident.
In England and Wales, property can be owned jointly as Joint Tenants or Tenants in Common. Joint Tenants have an indivisible share with a right of survivorship, while Tenants in Common have distinct shares and can leave their share to someone in their Will.
Parents preparing a Will should consider appointing a guardian to ensure their children are cared for by someone they trust if both parents die before the children reach 18. This decision helps to prevent family disputes and ensures your wishes are followed, providing peace of mind.
DIY Will Kits are often "one size fits all" and may not account for your specific personal and financial circumstances, leaving your Will susceptible to being invalid or challenged. Using a solicitor ensures your Will is tailored to your unique situation, providing the necessary guidance and protections.
HSBC sold their Wills and Probate business to Simplify Channel Ltd in June, affecting those who appointed HSBC as Executors in their Wills. It's crucial to carefully consider your options before signing the provided Codicil, as appointing a family member or friend might be more cost-effective and practical.
This week, the Court of Appeal decided to ignore Melita Jackson’s Will and provide for her estranged daughter, Heather Ilott, despite Jackson’s wishes. Heather’s claim, under the Inheritance (Provision for Family and Dependents) Act 1975, was successful due to her financial needs and lack of connection to the animal charities designated in the Will.
The Conservative Government plans to introduce a secondary 'family home' allowance for Inheritance Tax from 2017, initially set at £100,000 and rising to £175,000 by 2020/21. This allowance will apply to property left to direct descendants and can be transferred between spouses or civil partners, potentially exempting estates worth up to £1 million from Inheritance Tax.
A Deed of Variation allows beneficiaries to alter their inheritance to benefit someone else, providing potential tax advantages. This can include redirecting assets to exempt beneficiaries or ensuring tax relief is not wasted, but must be done within two years of the deceased's death.
While you cannot leave money or property directly to pets in a Will, you can leave money in trust for their care. Appointing a specific person to manage these funds and leaving a Letter of Wishes can ensure your pets are cared for according to your wishes.
The Conservatives plan to introduce a 'family home allowance' to remove family homes worth up to £1m from Inheritance Tax, effective for deaths after April 2017. This allowance adds £175,000 to the existing £325,000 threshold, potentially allowing couples with estates worth £1m to avoid inheritance tax altogether.
As our lives become increasingly digital, it's crucial to consider what happens to your digital assets when you die. These assets include digital finances, social media accounts, and online storage; planning for their management and access after death ensures your wishes are respected.
With the rise of shows like Heir Hunters and Long Lost Family, interest in finding missing beneficiaries has surged. Starting with the beneficiary’s last known address or using online searches and social media can help; if these methods fail, consulting a solicitor is advisable for specialized assistance.
Ensuring your Will is registered allows your family to easily locate it and respect your wishes after you have passed on. We can register your Will with Certainty, the National Will Register, often free of charge.
As of 1 October 2014, the rules for distributing assets without a Will have changed, potentially leading to unintended distributions. While the new rules simplify matters, they still require careful consideration, especially for those with children or in second marriages, to ensure wishes are clearly laid out and tax liabilities are minimized.
Plans to introduce the paperless creation and registration of Lasting Powers of Attorney have been halted due to concerns over security, forgery, and accessibility. Currently, LPAs must still be printed, signed by hand, and posted to the Office of the Public Guardian for registration.
In N & S v E & M (2014), the Court of Protection ruled that a Lasting Power of Attorney is legally created when registered by the Office of the Public Guardian, not when signed. This case highlighted that a Lasting Power of Attorney takes precedence over a living will if both are signed on the same day.
The Walford, R v Worcestershire County Council (2014) decision resulted in a daughter successfully having her mother’s home value disregarded in calculating residential care home fees. The court ruled that the property could not be considered in the means assessment because it was her "home," taking into account both physical and emotional attachment.
Recent discussions have highlighted the adequacy of Will writing services in the UK. As a firm of solicitors authorized by the Solicitors’ Regulation Authority, we ensure your Will is both in accordance with your wishes and legally sound, and we provide options for appointing executors to best suit your needs.
Dealing with the death of a loved one is challenging enough without the added stress of legal formalities. While executors or next of kin can apply for the Grant of Administration themselves, using a solicitor can smooth the process, reduce family disputes, and provide clear guidance on practical steps.
The government has introduced a statutory instrument ensuring that converting a civil partnership to a same-sex marriage does not revoke or affect any prior Wills. This amendment to the Wills Act 1837 will come into force on 14 December 2014, alongside regulations for the conversion process.
If you are getting married, it is important to make a new Will as your existing Will is automatically revoked upon marriage. Ensuring you have an updated Will in place can give you peace of mind that your wishes will be carried out, and your assets will be distributed according to your intentions.
If you become unable to manage your property and financial affairs, having a Lasting Power of Attorney in place ensures your loved ones can help without going to Court. If not, they may need to apply for a Deputy through the Court of Protection, and seeking legal advice early is advisable.
The Institute for Fiscal Studies predicts that one in ten will soon pay inheritance tax (IHT), reducing the amount passed to loved ones. With rising house prices and unchanged tax-free thresholds, it's crucial to plan now to ensure your assets are distributed according to your wishes.
If a loved one is having difficulty managing their affairs, it is crucial to ensure they have measures in place, such as an Enduring or Lasting Power of Attorney. It's important to address these arrangements early, allowing them to have a say in their future care and financial management.
Clients often ask if they are required to provide for their children in their Wills, and there are various reasons for not wishing to do so. The Heather Ilott case highlights that adult children can make a claim on an estate for 'reasonable provision' under certain circumstances, although the outcome can vary based on individual facto
Winding up an estate is always a big responsibility, but it becomes even more complex if the deceased was a business owner in a traditional partnership. The partnership agreement typically dictates what happens to the business, and it's crucial to seek legal advice to manage the estate and any business-related debts properly.
Administering an estate after a death involves valuing all assets, including property, vehicles, and money owed to the estate. Personal representatives must call in any debts owed, but disputes can arise, especially with informal loans; seeking legal advice is essential for navigating these situations.
It’s increasingly common for individuals to own assets in more than one country, which requires careful estate planning to navigate varying inheritance laws. Cross-border estates can range in complexity, and seeking specialist legal advice ensures all assets are properly managed and distributed.
Most estates will involve some kind of debt, ranging from unpaid bills to more extensive financial obligations. Personal representatives must address these liabilities, and for more complex or debt-heavy estates, seeking specialist legal advice is crucial to avoid personal liability and ensure proper estate administration.
Administering an estate involves assessing and valuing assets, paying debts, and distributing remaining assets to beneficiaries. Personal representatives should seek specialist legal advice to avoid potential liabilities and ensure the process is handled correctly.
Winding up an estate after a death takes time. This is because it can be a very involved job, especially if the person who has died had not got their affairs in order in advance.
Testamentary freedom in the UK allows individuals to leave their estate to whomever they wish. However, this flexibility is not available in all countries, where forced heirship laws mandate that certain heirs automatically receive a portion of the estate.
We hope you never need the information in this post, but if you do, we trust it will be helpful. Administering the estate of a child or young person can involve fewer legal and administrative tasks than for an adult, but still requires careful handling, especially if a Will was not made.
If you’re responsible for administering the estate of someone who has died, you may be doing so as an executor or as an administrator. Though these roles are very similar, there are key differences and it’s important to understand what these are.
When a person dies, it will be necessary for someone close to them to take on the role of their personal representative. This might be as an executor (if they have been appointed in the Will) or as an administrator (if they have applied to act on behalf of the estate in the absence of a valid Will).
As expected, Rachel Reeves, the new Chancellor of the Exchequer, has confirmed that the government will be raising certain taxes.
Many people don’t know very much about the process of winding up an estate until someone they know dies and they find themselves responsible for carrying out the process themselves.
Inheritance tax (IHT) is a tax paid on your death based on the value of what you own at the date of your death.
Rachel Roche, the award winning Yorkshire lawyer, believes the legal profession needs a change of mindset to fully embrace the opportunities offered by new technology and AI which is reshaping the way businesses operate.
Gary Lumby MBE, the former UK Director of Small Business Banking at Yorkshire and Clydesdale Banks, has been appointed chief executive officer at Roche Legal, the award winning Yorkshire private client law firm.
Rachel Roche, owner of York based Roche Legal, has collected a prestigious award which recognises her impact as a transformation leader at the BusinessDesk Yorkshire Leadership Awards in Leeds.
Rachel Roche, owner of York based Roche Legal and a former winner of the Law Society Sole Practitioner of the Year, has been shortlisted in the BusinessDesk Yorkshire Leadership Awards 2024 which are being staged at the Queens Hotel in Leeds on March 21st.
Lawyer Rachel Roche believes legal innovations being delivered in Yorkshire can help change perceptions about the London-centric view of the profession.
Rachel Roche, the award winning owner of York based Roche Legal, believes the most important New Year resolution families can make is to ensure they have made or updated their wills to help avoid lengthy probate delays that have triggered a House of Commons inquiry.
Roche Legal’s expertise and innovation has been recognised by two prestigious legal and business awards.
We’re thrilled to announce that Grace Buckland, our client relationship coordinator, has been shortlisted for York Press’ Apprentice of the Year award.
Rachel Roche, owner of Roche Legal, and Grace Buckland, who holds the newly created position of Client Relationship Coordinator with the York based solicitors, are delighted to have been named as finalists in the 2023 York Press Business Awards.
The Roche Legal team are delighted to be shortlisted in the Niche Law Firm of the Year 2023 at the Yorkshire Legal Awards.
An historically important York building, which became the city’s first synagogue in 600 years, has been the subject of an unusual missing persons’ case which Claudia’s Law has helped to resolve.
Rachel Roche, owner of Roche Legal, was thrilled to be shortlisted in two categories for prestigious Modern Law Private Client Awards 2023 in recognition of her ground breaking and innovative work.
Rachel Roche, the award winning owner of York/Yorkshire based Roche Legal, has been appointed vice chair of the London chapter of the New York State Bar Association (NYSBA), recognising her position as key figure in international cross border legal work.
At Roche Legal, we believe that everyone should have a right to dignity, whatever stage of life they’re at, and whatever support or care they may require. This is something that we work hard to uphold ourselves, especially when working with individuals from more vulnerable groups.
York solicitor Lynsey Bashforth believes making a Will is being pushed onto the “back burner” despite the Covid-19 pandemic focussing attention on the pressing need for future planning as figures show 57% of people in the UK still do not have a Will.
Roche Legal, the multi-award winning York solicitors, are backing a campaign aimed at tackling the more than 30 million people in the UK who do not have a Will and to ensure those who have made one regularly update the contents.
Rachel Roche, the award winning York solicitor, is jointly chairing a panel at the New York State Bar Association (NYSBA) Global Conference in London today (Nov 30) after launching her ground breaking service to solve probate problems for American clients which has attracted Government funding.
York based Rachel Roche has written a Law Society backed book to help solicitors set up their own practices at one of the most challenging times for the legal profession.
Local solicitor Rachel Roche believes Kate Garraway’s harrowing story of her husband’s battle with COVID-19 has highlighted a significant legal problem for families dealing with serious illness.
Clio, one of the World leaders in cloud-based legal technology, have recognised the ground breaking work of York solicitor Rachel Roche with the 2020 Reisman Award for Legal Innovation.
Julian Sturdy, the MP for York Outer, is backing a campaign by York based solicitor Rachel Roche to “bring peace of mind” by introducing relaxed rules to allow Wills to be witnessed online as a result of the COVID-19 pandemic.
Rachel Roche, the award winning Yorkshire based solicitor, is backing Government moves to change the way wills are drawn up in the face of the COVID-19 pandemic which has seen a 30 per cent increase in requests for help.
Rachel Roche, founder of multi-award-winning Roche Legal, has joined World Cup winner Sir Geoff Hurst to explain how leadership has helped their very different careers.
Multi-award-winning Roche Legal has been recognised as an “employer partner” by STEP, the global professional association for practitioners who specialise in family inheritance and succession planning.
Rachel Roche, the founder of multi-award winning Roche Legal, has signed a deal with the Law Society to write a guide to setting up a new firm at a time of dramatic change in the legal profession.
York solicitor Rachel Roche today hailed news of the Government’s decision to scrap planned increases in probate fees as a “victory for common sense.”
York based Roche Legal has won the prestigious Private Client Award at the Yorkshire Legal Awards, announced at a glittering ceremony in Leeds last night.
Roche Legal are celebrating being shortlisted in the Press Business Awards for the second year running.
York based Roche Legal has been shortlisted in the prestigious Law Society Excellence Awards 2019, the highest accolade for law firms in England and Wales.
York MP Julian Sturdy has thrown his support behind local solicitor Rachel Roche who is campaigning to highlight planned increases in probate fees turning them a “ tax on grief”.
York based Roche Legal has been shortlisted by the Yorkshire Legal Awards in the Private Client category of the prestigious awards to be announced at a glittering ceremony at New Dock Hall, Leeds on 10 October, 2019.
York solicitor Rachel Roche is warning bereaved families they could face delays of up two months to sort out financial issues due to a backlog created by a new online probate service.
North Yorkshire MPs Julian Sturdy and Kevin Hollinrake are supporting local solicitor Rachel Roche’s attempt to highlight serious concerns over the Government’s decision to increase probate fees to create what has been described as a “tax on grieving families.”
Karl Lagerfeld is not alone in wanting to leave his cat a financial windfall after his death with Britain’s pet lovers also choosing their animals over close family.
York based Roche Legal are celebrating a remarkable hat-trick of award wins after receiving the Raising the Bar Community Award at the Leeds Civic Hall last night (Tuesday 27th November).
This has been a remarkable year for the team at Roche Legal with two prestigious awards now taking pride of place in our York office. We were over the moon to be named the Socially Responsible Business of the Year at the recent annual Press Business Awards which followed on from the Law Society Sole Practitioner of the Year award we received in London.
Rachel Roche, of York based Roche Legal, is celebrating winning one the highest accolades for lawyers in England and Wales at the Law Society’s prestigious Excellence Awards.
Rachel Roche and the team at Roche Legal are celebrating another significant achievement after being shortlisted in the Niche Law Firm of the Year category of the Yorkshire Legal Awards 2018.
Rachel Roche, of York based Roche Legal, has been shortlisted for the Law Society’s prestigious Excellence Awards, the highest accolade for lawyers in England and Wales.
A new report has revealed that 77% of adults in Yorkshire and the Humber are worried about dementia and losing the ability to make important decisions for themselves in later life.
Our own Rachel Roche sits down with Andrew Gray from Truth Legal to discuss Wills, Lasting Powers of Attorney, the Court of Protection, and many other bits and pieces about planning for the future.
York solicitor Rachel Roche has launched a cutting-edge online Will writing service to help address the estimated 40 million people in Britain who do not have a Will.
Roche Legal has joined with the Yorkshire Ambulance Service (“YAS”) to work on a project to help York be more “heart safe”.
Many legal processes – whether that’s administering someone’s estate after their death, applying to act as someone’s power of attorney or taking legal action in a contentious case – can involve putting in applications to government bodies.
There are all kinds of factors to consider when you take on the task of winding up an estate. If the person who has died owned a business, you will need to take extra steps to ensure the additional legal obligations this entails have been met.
The process of winding up an estate can become particularly complicated if it encompasses assets in more than one country. This might be the case if the person who has died resided, owned property or had business interests overseas.
Most people are aware of inheritance tax and the added complications it can bring to the process of administering an estate. This type of tax does not need to be paid on all estates, just those that are worth over a certain threshold.
Family relationships are not always straightforward. This can be because of a huge range of reasons, from blended families to personality clashes to perceived injustices. Whatever the individual circumstances, sometimes, even small tensions can become magnified when it comes to the issue of what will happen to an estate after a death.
When someone one goes missing, it’s undoubtedly very difficult for the loved ones they leave behind. In the majority of cases, missing people are found in a matter of days or weeks. However, sometimes families can be waiting much longer for news.
The process of administering an estate can involve a great deal of paperwork and legal documents. If the person who has died had assets overseas, this is likely to be even more the case.
Administering an estate and navigating the probate application process is a big, complicated job that often involves a lot more work than expected. Not only are there a whole range of forms, payments and deadlines to keep on top of, there can also be a lot of conflicting advice to weigh up.
The term ‘probate’ is often used to refer to the period of winding up someone’s estate after their death. However, ‘probate’ can more specifically mean a document issued by the Probate Office.
Whether you’ve been named as an executor or an administrator, acting as a personal representative for an estate is a big responsibility and isn’t something that should be taken lightly.
Probate is a topic that people often don’t like to think too much about. It can conjure up images of Dickensian courtrooms and complicated Will readings, though the reality tends to be very different.
There are all sorts of reasons why the loved ones of a missing person might decide the time is right to apply for a certificate of presumed death. In addition to offering a kind of closure, which may be much-needed, a certificate of presumed death will also allow loved ones to move forward with the next legal steps, including administering the missing person’s estate.
Many people find it helpful to take someone with them when they visit a solicitor, especially if it’s their first time doing so. Whether you’ve made an appointment to discuss a Will, a power of attorney, a probate situation or even a dispute, having a close friend or family member nearby can provide helpful moral support.
It often makes sense for couples to look at making important legal documents such as wills or powers of attorney together. This is especially likely to be the case if the couple in question share children, own property together, or wish to appoint each other as legal representatives or beneficiaries. Choosing and meeting a specialist solicitor together is often the most time and energy efficient solution.
Sadly it is not uncommon for families to have disagreements after losing a loved one. The bereavement period is naturally a very stressful time when emotions are running high. Disappointments or misunderstandings about wills or trusts can escalate quickly.
Even if you’ve never been involved in a legal dispute before, you’re probably aware that the process can be expensive. This is just as true for cases involving wills as it is for other types of court case.
Losing a loved one is undoubtedly a very stressful experience. In some cases, this stress can unfortunately be magnified as a result of disagreements between family members.
The Court of Protection handles decisions on financial and welfare matters for individuals who are not considered legally capable of making those decisions for themselves.
One of the roles of the Court of Protection is to consider cases where decisions need to be made on behalf of individuals who do not have the mental capacity to do so themselves.
Most people know what a Will is and why they might need one, but you may not be as familiar with Powers of Attorney documents, also known as POAs. You may also hear of this type of document being referred to as an LPA, which is an abbreviation of Lasting Power of Attorney, a particular type of POA.
Life has a habit of changing dramatically when we least expect it. The further in advance we plan for something, the greater the potential for life to upset those plans.
Contact us for straightforward advice that makes things easier, saves you money, and gives you peace of mind.