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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…

Maximising your opportunities for inheritance tax reliefs

As the end of the tax year approaches on 5th April, it's a good time to make sure you're maximising your opportunities for inheritance tax reliefs.  This year, as well as taking advantage of exempt lifetime gifts and transfers, property owners should also look at how the new transferable residence nil rate band fits their profile. The Residential Property Nil Rate Band Under the new rules, when a person leaves a residential property to direct descendants there will be an additional nil-rate band for inheritance tax purposes – the transferable…

Animal charities win battle in fight over inheritance case

A woman, who was cut out of her mother’s £500,000 will, has lost out to three animal charities at the Supreme Court in a landmark judgment this month. In 2004, Melita Jackson died and left most of her estate to three animal charities and completely cut her only child, daughter Helen Ilott, out of her will. Mrs Ilott was originally awarded £50,000 by a judge, which was almost tripled on appeal. The three charities challenged that increase, stating that people should be free to choose their beneficiaries, and the court…

Property prices help fuel family inheritance court battles

Rising property prices are helping to fuel increased numbers of inheritance disputes reaching the courts, with second marriages another major contributory factor. Such challenges are no longer the preserve of the wealthy, although they continue to feature highly. Recent cases hitting the headlines have included the family fall-out following the death of the billionaire owner of Sotheby’s, Alfred Tauber, through to a court case over a £600,000 estate destined for good causes, where the will was unclear. The trend towards higher numbers of inheritance disputes has been attributed to a…

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