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How to deal with an estate as an executor during the coronavirus pandemic

Adjusting to the challenges caused by coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on executors may seem overwhelming. In recent years there has been an increase in the number of claims brought against executors by beneficiaries. Coupled with increased financial hardship as a result of the coronavirus pandemic, it is vital that executors understand their duties and obligations to avoid claims. In this article we set out what is required of executors, and how…

Lasting Powers of Attorney – Is now a good time?

Mr G, a man in his mid-forties was married with three children.  He had his own business which was extremely profitable, and enjoyed his pastime of playing golf and swimming.  He would take flamboyant holidays about four times a year with the family, with at least two involving skiing in the French and Swiss Alps. When he came to see me to draw up his Will,  we discussed preparing  Lasting Powers of Attorney (LPA’s).  “What are they”, he asked? I explained that a lasting power of attorney is a legal…

Can I still create or amend a Will during lockdown?

Creating a new Will, or amending an existing Will is one of the hot topics during the Covid-19 lockdown, and it is very important that everyone makes the decision to ensure that their Will is up to date. But how do you create a new Will, or amend an existing Will during lockdown? The requirements for creating and amending Wills are contained in legislation that dates back nearly 200 years, to the Wills Act 1837. This Act requires that in order for a Will to be valid it must be…

Law society report 30% increase in demand for Wills

NHS workers fighting Covid-19 on the front line, together with the elderly and vulnerable, lie behind a huge spike in demand for will writing over recent weeks, according to the professional body for solicitors.  The Law Society says many firms have reported a 30% increase, as a result of worries about the coronavirus pandemic, but the lockdown and self-isolation are creating new challenges in getting the wills drafted and signed while still complying with legal requirements.  There has been a surge in people looking to set up powers of attorney…

Safeguarding is vital when appointing others to act

Financial abuse of vulnerable people by those acting on their behalf is on the rise, with investigations into the actions of appointed attorneys soaring to a record high. With the continuing rise in dementia and a population that is living longer, these figures show how important it is that people understand how to act under a power of attorney, and the need for safeguarding and professional input to the process.  A Power of Attorney is a document by which someone - known as the donor - gives another person –…

Interview with Manal Fouad our Senior Associate Solicitor

Interview with Manal Fouad our Senior Associate Solicitor Q: What has been the highlight of your profession so far?A: Dealing with a few complex cases, fighting for justice on behalf of my clients, which attracted high media coverage achieving successful results. Q: Who (or what) inspired you?A: My mother – she taught me whatever happens in life, to greet it, and embrace it with honesty and integrity. Q: How would other describe yourself in three words?A: Loyal, Patient and amiable Q: What do you find interesting about the Private Client…

Statutory legacy for partners raised to £270,000

The government has kept its promise to update intestacy rules every five years – albeit three months after its deadline passed. The change increases the statutory legacy for partners of people who die intestate from £250,000 to £270,000. The statutory legacy was last changed in October 2014 when it was set at £250,000 under provisions in the Inheritance and Trustees’ Powers Act 2014. The figure is meant to be updated every five years. A statutory instrument setting out the increase – which is in line with the consumer price index…

The life stages that go into legacy making

Record property values and family structures make inheritance planning a growing issue yet research1 shows that more than half of adult in the UK do not have a Will in place, with the figure rising to almost 60% among parents. The researchers also found that of those who had made a will, many who had experienced a significant life event, such as marriage or having a baby, had not done anything to update it. But having a will setting out what you wish to happen for your children is the…

Wills and Probate: Giving to charity

It seems that people in the UK are a charitable bunch. In fact, last year, just under £3 billion was donated to charity in Wills, which is expected to rise to £3.4 billion by 2022. This figure means that 3.5% of all of the money left in estates is now comprised of charitable giving. What sort of charities benefit? There is certainly no shortage of choice when it comes to picking a charity, but there are four industries that receive more than the rest. The lion’s share (38%) goes to…

A simple business hack when preparing for the unexpected

Business continuity planning may range across various disaster scenarios - from cyber-attack to fire or flood - but can overlook the obvious, which is how the business will cope if the owner isn’t available to manage financial matters and decision making. A simple solution is for the business owner to make a Lasting Power of Attorney (LPA) and appoint someone to look after their financial affairs and act on their behalf, and shareholders, partners and sole traders can all benefit from appointing an attorney in this way. An LPA can…

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