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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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