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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…

Where can you be buried or scattered after your death?

Our final journey is one we all make alone, but it’s up to every individual to make sure those left behind are fully aware of the last wishes of the deceased. That includes how to deal with the body, whether that means cremation or burial. For years, bodies have been interred in designated graveyards, or cremated at the local municipal crematorium. The details are usually handled by the funeral home. Funerals are very expensive, with recent estimates putting the average price at around £4,000. This amount does vary, though, depending…

Disinheritance – a quick guide to cutting someone out of your Will

The message is slowly starting to get through to the public – making a will is an important life decision that could save your relatives a great deal of heartache once you’ve gone. You can express your wishes, designate who gets what, and that’s the end of it. Or is it? Legal research has reported that the number of disputed wills has shot up in the last couple of years, from 116 in 2015 to 158 in 2016. That may not seem like a high number, but it represents nearly…

Can I leave assets to a child in my Will?

Clients tend to leave money under their Will for children or grandchildren. However, especially where the children are very young or the sums are large, we are often asked how this works in practice. Wills can be structured to prevent children from accessing large amounts of money at too young an age, whilst still ensuring that living expenses and education costs can be met. When should a child inherit? The answer to this will depend greatly in each personal situation. The ages and personalities of the children, asset values, and…

What does intestate mean for you?

October 2014 saw the biggest changes in probate law’s history come into effect. While the overhaul meant no real difference to those with minimal assets, for the partners of those who died without making a will and who have more assets, it meant significant change. In the cases where a Will is involved, the deceased’s Executors have the legal power to distribute their estate according to the deceased’s instructions. However, in the case of intestacy, the landscape is vastly more complicated. Who can Inherit? Under the rules of Intestacy, only…

Applying for Probate

Dealing with death is never an easy thing to do. However, it is important to have the essentials in place from the outset to ensure that the process of obtaining probate is as smooth as possible. Probate is the process of proving a Will by the executors who are identified in the Will and more specifically, gives the people who are dealing with the estate the authority to deal with the deceased person’s assets. Obtaining probate when there is a Will is by way of Grant of Probate, also commonly…

Disputing a Will can be a very costly exercise

Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more families to contest unfavourable outcomes.  One recent case has seen a family lose out after legal action involved two brothers who have run up fees of more than their entire inheritance by disputing a stepmother's share of their father’s estate. The trend towards increased inheritance disputes has been attributed to a number of factors.  Increasing numbers of so-called ‘blended’ families where divorced parents re-marry is one such factor, with original family members…

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