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Bereaved given new tax helpline
22 May 2012
Have you suffered bereavement in recent months? Struggling to handle tax affairs in the wake of such an untimely loss? HM Revenue amp; Customs has unveiled a new phone line aimed at streamlining the process this month to help ease your fears.
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The Budget 2012 – An incentive to charitable giving
11 May 2012
Looking beyond the headline-grabbing issues raised in the budget, it is interesting to note that despite what has been said in relation to charitable giving the Chancellor actually gave donors a greater incentive to make charitable gifts in their wills.
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Regulation of probate services may lead to more mistakes from DIY administration
11 May 2012
A report published by genealogist company, Title Research, has revealed that the number of Grants of Probate issued to solicitors has fallen
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Court of Appeal reverses costs order in Inheritance case
07 May 2012
The Court of Appeal have reversed a costs order which saw a man who was awarded £36,471 by the High Court, after being disinherited by his father, ordered to pay over £100,000 in legal costs
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Court of Protection confirm validity of ‘living will’
07 May 2012
The Court of Protection has ruled that a living will or ‘advanced decision’ should be upheld
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Legal Services Board announces proposals for Will writing regulation
02 May 2012
The Legal Services Board has released details of its proposals to protect consumers against poor service in the Will writing and administration of estates sectors and has confirmed that these sectors should be properly regulated
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Widow claims inheritance is not enough
16 April 2012
Barbara Lileyman married her late husband Roy in 2007, having met some time in 2004 after the death of his first wife
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Calls for regulation of probate and administration of estates
26 March 2012
The Legal Services Consumer Panel (LSCP) has provided its recommendations in relation to the probate and administration of estates sector
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Experts weigh in on digital inheritance
19 March 2012
In a sign of the digital age we now live in, instead of worrying about what might happen to their material possessions after they die, more and more people are taking steps to protect the belongings they store online.
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Composer's carer wins battle for estate
19 March 2012
Accomplished British composer Sir Malcolm Arnold died in 2006 from a chest infection leaving a significant proportion of his estate, including his house and half of the remainder of his estate, to his carer of 22 years, Anthony Day
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Woman appeals £3.7 million payout from husband’s estate
09 March 2012
Annemarie Allport is set to appeal her £3.7 million award under the Inheritance (Provision for Family and Dependants) Act 1976 arguing that it is ‘wholly inadequate’ for her needs
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SE Watch - Tax allowances and letting properties
07 March 2012
Welcome to our latest issue of SE Watch, which aims to provide our readers with up to date articles on a range of Private Client legal issues. This month we are discussing how to ensure you are prepared for the tax year end, and also provide you with some guidance should you be considering renting out a property.
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Where there's a Will ...
06 March 2012
We live in an increasingly litigious society and the estates of deceased persons are not exempt. Indeed, such proceedings are on the increase.
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Grandchildren cut out of Will
27 February 2012
Catherine Barrett and her brother David Robertson were both named in their Grandmother’s will in place of their mother who had already died and alongside their uncles, David and John Murray and aunt Catherine Turk
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Rectification of Wills
27 February 2012
Many people are at least vaguely aware of the ground upon which a Will can be challenged
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Care Home Fees - A real worry
15 February 2012
Judging from the number of clients we see who are concerned about their lifetime savings being swallowed up to pay for their care in old age, this is a real worry for many and rightly so, when the average cost of care works out at approximately £500 per week.
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Will writing error costs beneficiary £70,000
13 February 2012
In a case that highlights the importance of getting your will professionally written, one much-loved family acquaintance has missed out on £70,000 worth of inheritance following a simple signing error.
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Spratt Endicott Strengthens Future Plans with Five Promotions
10 February 2012
Following a successful 2011, which saw Banbury solicitors Spratt Endicott increase its client base significantly and recruit a number of staff to meet growing demand, the firm has kicked off the New Year with the promotion of five fee earners from across four departments.
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There must be ‘positive communication’ for a Will signed by another to be valid
06 February 2012
The Court of Appeal has ruled in the case of Barrett v Bem and Ors that there must be more than passive acquiescence on the part of a testator if a Will is to be valid where it is claimed to have been signed by another at their direction
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Fiancée of singer Gerry Rafferty to make a claim against his £1.2m estate
30 January 2012
The fiancée of late singer Gerry Rafferty is to make a claim against his estate after she was left out of his Will
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Baronet father wins case against son over share of family castle
23 January 2012
Sir John Howard-Lawson has won a legal battle brought against him by his son, Philip Howard, over the rights to the proceeds of sale of 13th Century Corby Castle
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What happens if you die without making a Will?
13 January 2012
We are constantly told of the importance of making a Will. But many are unaware of how their estates will be divided should they die without one.
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Dying with Property abroad
13 January 2012
Why is it so important to seek advice on your Will when buying property abroad?
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Why get professional advice when making a Will?
13 January 2012
There are certain legal formalities which must be observed when making a Will in order for the document to be valid
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How can I challenge a Will?
09 January 2012
Have you been left out of a loved one’s Will? Are you concerned about the way a Will was executed?
There are actually several claims which can be made in challenge to a last Will
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Judge considers immigrant inheritance laws
19 December 2011
The High Court is currently considering whether the estate of an immigrant who moved here from Italy in the 1950s, who intended only to make some money and return home, should be dealt with under English law.
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Law Commission calls for new intestacy laws for cohabiting couples
19 December 2011
The Law Commission have published a report calling for a change to the intestacy provisions for unmarried couples
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Legal battle over oscar-winning composer’s will
19 December 2011
Two children of Sir Malcolm Arnold, an oscar-winning composer are challenging his will in court after he left his house to his friend and carer.
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SE Watch - New Family Mediation Service and Care Home Costs
15 December 2011
Spratt Endicott is proud to announce the launch of its Family Mediation service. Patrick Mulcare, a solicitor in our Family Law Department, has successfully completed his training with Resolution (formerly the Solicitors’ Family Law Association) to become a Family Mediator and he now offers mediation as an option to couples who need to address difficulties in their relationships.
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Are your Trustees equipped to deal with the duties and responsibilities placed on them?
12 December 2011
Trusts can offer great flexibility. They allow property to be ring-fenced; placing it in the hands of trustees who have wide powers to deal with it for the benefit of the named beneficiaries.
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Bishop stops inheritance of valuable vase to cousin to avoid ‘crippling’ death duties
22 November 2011
David Rossdale the Bishop of Grimsby has in his role as executor for the estate of the late June Robertson Rodger blocked the gift of a valuable vase to his cousin; Jennifer Watson as the gift could have resulted in the cost of millions to the estate in death duties.
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Creating a will more important than ever
22 November 2011
The seemingly never ending economic turmoil being experienced worldwide has lead experts to claim that making a will is now more important than ever.
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Pensioner may lose home after judge rules money paid to him by his long term partner before her death was not a gift
14 November 2011
Leonard Taylor met his partner Doris Luker in the mid 1980s
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“We don’t want anything to do with him anymore” say brothers in disputed Will case
14 November 2011
Brothers Terry and Michael Rawlings have spoke out against their ‘adoptive’ brother, Terry Marley, who stood to inherit their parents’ estate until a defect in the Will was discovered
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Importance of LPAs as man jailed for using ‘fake’ power of attorney to steal £75,000 from elderly aunt
08 November 2011
A man from Bristol has been jailed for nine months for pretending to be his Aunt’s attorney to steal £75,000 from her
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Daughter challenges £500,000 worth of gifts made to legal secretary
17 October 2011
Hari Sharma, who died in December 2010 aged 77, befriended the secretary of his solicitor, Jane Duke, following a stroke in 2005
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More wills to include ‘digital inheritance’
17 October 2011
In a sign of the times, more Britons are leaving internet passwords within their wills contributing to our nation’s ever-growing £2.3 billion digital inheritance
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Court battle over father’s estate worth around £6million
11 October 2011
Increasingly it seems that battles are fought on the basis that a deceased’s estate is not worth what an expectant relatives believed
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Welcome to SE Watch - Legal Updates for You
28 September 2011
Welcome to the first edition of SE Watch, our latest e-newsletter, focusing on Private Client issues, that is, legal issues related to individuals. You will find brief articles concerning Wills, Trusts and Tax, family, property and employment matters, all of which we hope you will find both relevant and interesting. Within this first issue we raise the question as to why it is worth considering making a Will.
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Legal Service Commission to investigate the regulation of probate as well as Will writing services
19 September 2011
The Legal Services Commission has called for evidence from members of the public, legal businesses, other businesses active in the probate and estate administration markets and all other interested parties about how best to protect consumers
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Seek advice before crafting your will
19 September 2011
Industry experts have urged Brits to seek professional advice before crafting their wills.
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Sikh father’s will favouring sons is declared invalid
19 September 2011
The daughter of a Sikh father, who left the majority of his estate to his sons, and only a fraction to his daughters, has successfully overturned the document in court.
Ranjit Singh, of Crawley, Sussex, made the will in 1999
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Couple prosecuted over will forgery
13 September 2011
Adults throughout Britain have been advised to make sure their wills are up-to-date and legally enforceable after a couple in London were prosecuted for forging wills to the tune of £1 million.
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Lasting Powers of Attorney
05 September 2011
It is said that 1 in 6 of those living now will live to more than 100. Such life expectancies will put increasing pressure on governments to fund pensions and care, already controversial issues.
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Criminal case highlights abuse in unregulated Will writing
05 September 2011
Bogus Will writer, Walter Ventriglia, has been imprisoned for conning clients with false legal updates in order to charge them for changes to their Wills
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Landmark ruling on Agricultural Property Relief for Inheritance Tax goes unchallenged
31 August 2011
The Inheritance Tax Act 1984 allows a number of reliefs and exemptions for inheritance tax, which currently applies at a rate of 40%
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Making provision for children in your Will
31 August 2011
It is important that everyone makes a Will, whatever their circumstances. However, this is never more so than for parents. Not only so that their children are financially provided for but also that an election is made as to who should care for them
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£6million Legacy to RNLI
12 August 2011
The Royal National Lifeboat Association (RNLI) is to receive £6million through the Will of a lady who avidly supported their work
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Be prepared to keep your Will under constant review
12 August 2011
It has been estimated that approximately two-thirds of the UK population have not made a Will. What is less documented is how many of these keep them under regular review.
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Gay partner of dead TV presenter has “no prospect of success” in removing executors
12 August 2011
In a ruling by the Court of Appeal the partner of eccentric TV presenter and personality, Timothy Hadcock-Mackay, lost his battle to have the executors of his estate removed. Alexander Torquil Mackenzie-Buist argued that the executors had “eroded” the value of the estate.
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As McQueen leaves £50k in Will for his dogs’ new research says Brits are set to leave £26bn to their pets
08 August 2011
Research carried out by More Than Pet Insurance has found in a survey of 14,181 pet owners that 35% are to leave more than £10,000 to their pets in their Will
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Earl of Cardigan fights to stop Trustees selling family portraits
01 August 2011
The Court of Appeal has refused to renew an injunction granted earlier this month preventing the sale of 11 irreplaceable family paintings
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The Civil Partnership Act 2004 and inheritance Law: A brief summary
01 August 2011
Prior to the Civil Partnership Act 2004, the law created a wholly unfair inequality in inheritance laws between different and same sex couples
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Legal Services Board launches investigation into Will writing after damning report by Consumer Panel
01 August 2011
The panel recommended that Will writing services should be regulated. The Legal Services Board confirmed in a statement that, in light of these recommendations, it had “concluded that it should begin a formal statutory investigation to identify what changes there may need to be to regulation in these three markets.” Dr Dianne Hayter, chair of the Legal Services Consumer Panel, said “The panel was shocked by the poor quality of wills.”
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Millionaire’s Daughters claim deathbed wife influenced Dad to cut them out of Will
01 August 2011
Caravan park businessman, George Wharton, died in September 2008. His three daughters have brought a claim in the High Court alleging that the Will he made three days before his death (on the same day that he married his long term partner, Maureen, in his living room) is invalid.
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Over 50s ‘squandering money’ on wills
01 August 2011
Latest figures show that more than 250,000 applications for probate and wills were granted in 2010, yet over-50s are “squandering millions of pounds” on “once-in-a-lifetime probate and will-writing” decisions, the charity Saga has warned.
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Man found guilty of abusing Lasting Power of Attorney
25 July 2011
Daniel Carruthers was charged with six counts of fraud by abuse of position after being granted power of attorney by his father who suffers from advanced dementia
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Judge rules that will disinheriting granddaughter is valid and made on one of her ‘good days’
25 July 2011
In a recent judgement of the High Court, it was ruled that Helen Blofield, in her 80s, “knew what she was doing” when she disinherited her Granddaughter from her £150,000 estate in favour of Lionel Cranfield, a former neighbour
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DIVORCE LAW - DYNASTIC TRUSTS AND MATRIMONIAL PROPERTY
07 June 2011
The Court of Appeal has recently given judgment in the case of Whaley v Whaley [2011], a matrimonial dispute involving two dynastic trusts.
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DISPUTE OVER ELIZABTH TAYLOR’S INHERITANCE
24 May 2011
A dispute has arisen over a share of the multi million pound estate left by the deceased actress Elizabeth Taylor
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MAN’S ESTATE FINALLY DISTRIBUTED AFTER 92 YEARS
24 May 2011
A deceased American property millionaire’s estate has finally been distributed to the beneficiaries in his Will, 92 years after his death.
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LEGAL TRANSACTIONS AND MENTAL CAPACITY
24 May 2011
In the recent case of Rudyard Kipling Thorpe (Litigation Friend of Leonie Leanthie Hill) v Fellowes Solicitors LLP [2011], the High Court has departed from the usual approach taken regarding the mental capacity of elderly clients
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CHARITIES LOSING OUT BY INCREASE IN CHALLENGES TO WILLS
09 May 2011
Many charities are hoping that the Inheritance Tax incentives announced in this year’s budget for leaving money to charities in Wills will encourage more people to leave gifts to charity
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The most important document you will every sign?
01 May 2011
Recent statistics indicate quite clearly that fewer and fewer couples are marrying, preferring instead to live together. This has caused a number of issues which the Law Commission are now reviewing particularly relating to the disposition of the estate of one of the partners when he or she dies.
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CHARITIES NO LONGER TOP PRIORITY IN UK WILLS
15 April 2011
Despite the publics apparent willingness to openly donate to major charitable causes, such as the recently successful Comic Relief, new research has found that charities do not rank highly on the list of beneficiaries in people's wills.
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STIEG LARSSON AND THE CONSEQUENCES OF DYING WITHOUT A WILL
01 April 2011
Stieg Larsson, the Swedish author famous for his series of novels including ‘The Girl with the Dragon Tattoo’, did not make a will before he died. Subsequently, the series rose to great acclaim, resulting in large royalties passing into his estate
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TAX REDUCTION FOR CHARITABLE DONATIONS
01 April 2011
The Government has included in its budget, provisions specifically designed to encourage charitable donations
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TRUSTS AND ESTATES AND RECENT CASE LAW
01 April 2011
Two recent cases in the High Court have shed further light on the extent to which trustees will be liable for their mistakes in the administration of a trust
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PROSPECT OF DIVORCE ‘CLOUDING’ INHERITANCE PLANS
18 March 2011
According to current research, more than a third of parents do not want to leave their estate to their married children in case there is a divorce and the former spouses inherit some of it.
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BANKS FOUND FAILING IN RELATION TO POWERS OF ATTORNEY
18 March 2011
Powers of Attorney are essential in enabling others to manage the financial affairs of elderly and infirm people who are unable to do so for themselves
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UK BANKS’ WILL-WRITING SERVICES FOUND LACKING
04 March 2011
A recent investigation carried out by the Office of Fair Trading has lead to findings that banks such as Barclays, HSBC, Lloyds and RBS are failing consumers in the way they are selling wills.
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WILLS CAN SAVE BRITONS BILLIONS IN INHERITANCE TAX
04 March 2011
A recent study by research company, ‘unbiased.co.uk’, has shown that Britons are paying billions of pounds in Inheritance Tax that they could easily avoid through better tax and estate planning.
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NEW CLIENT WINS NECESSITATE ADDITIONAL SOLICITOR WITHIN SPRATT ENDICOTT’S PRIVATE CLIENT DEPARTMENT
28 February 2011
Due to a significant increase in new client wins over the past year, leading Banbury-based law firm Spratt Endicott has appointed Tom McInerney within its Private Client department, to meet growing demand.
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LATE MARINE’S EX-GIRLFRIEND WINS WILL DISPUTE
11 February 2011
The ex-girlfriend of a Royal Marine has successfully challenged her late boyfriend’s family in a bitter will dispute.
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TRUST DISPUTES ON THE INCREASE
11 February 2011
Recent figures released by law firms and the Ministry of Justice have confirmed a huge increase in trust related disputes during the recession.
The reason behind this is likely to be the reduction in income made by trusts during this period and in capital losses on assets held in trusts, coupled with an increase in trustee fees
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COWBOY WILL WRITERS STRIDE BACK INTO TOWN
04 February 2011
The UK’s continuing issues with unregulated will writers have resurfaced this month as surveys show a drastic increase in the abuse of clients.
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£1.5 MILLION PROPERTY INHERITANCE DISPUTE
28 January 2011
Judgment was delivered last week in the High Court in an inheritance dispute between a father and son over ownership of the family castle
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PUBLIC LISTING CHARITIES IN WILLS
14 January 2011
While the season for giving may have passed, thousands of individuals are increasingly listing charities amongst the beneficiaries of the wills, new research has found.
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Has your Will been professionally drafted?
17 December 2010
With so many companies and businesses now offering Will drafting services, it is often hard to know which ones will deliver a professional service
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The power to contest a Will
02 December 2010
The legal case of Gill v RSPCA [2010] examined the extent of the power of a disinherited relative to contest the terms of a Will.
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The capacity to execute a will
23 November 2010
In the recent decision of the Court of Appeal in Perrins v Holland and others [2010], clarification has been provided as to the evidence needed to establish whether a testator is mentally capable of validly executing a will.
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Two women caught forging will
09 November 2010
Two women have been caught committing forgery in a bid to claim the multi-million pound estate of their partner.
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Public find will writing ‘too complex’
05 November 2010
Almost half of UK adults are yet to write a will with a third claiming that the cost and complexity of doing so is holding them back, new research has suggested.
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Why write a Will?
01 November 2010
Here’s the question. Would you rather choose the house that you wanted to buy, the holiday that you would like to take and the car that you would like to drive, subject always to affordability, or would you rather some Government department made those choices for you? A simple enough question and the answer is obvious. That being so, why do so many people, in excess of 60% of the population, prefer to let the Government decide where their estate goes, who gets it and when and how much tax is paid. If those same people have infant children, then the local authority can choose who should bring them up.
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Couples’ secrecy risking probate issues
08 September 2010
British couples risk problems in later life by failing to discuss their estates and Wills while keeping personal finance secrets, new research has revealed
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Unregulated Will-writer warning for UK consumers
09 August 2010
Those hoping to draft a Will have been advised to approach properly regulated solicitors after a string of consumers reported problems and thefts by Will-writing organisations
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Wrexham brothers forced to share mother’s fortune
08 July 2010
Three feuding brothers have been told to evenly divide inheritance left to them by their late mother following lengthy High Court battles.
In late 2006, the boys’ mother Edith Northall sold her small house for almost £55,000
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Mother’s will forged by ‘spinster sibling’
06 July 2010
In an attempt to deny her brother his share of a £300,000 inheritance, an unmarried spinster has been found guilty of forging her mother’s will
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‘Adults not writing wills’ reveals survey
12 May 2010
The majority of British adults and cohabitating couples have not written a will, according to research published this spring
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Poor inheritance tax planning costs public billions
12 May 2010
Almost two billion pounds will be wasted this year due to poor inheritance tax planning by the vast majority of UK taxpayers, an annual report by Unbiased.co.uk has found
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Inheritance tax to cover pensions, claims ruling
12 May 2010
Lifelong savers who delay drawing benefits from their pension funds may be subject to inheritance tax upon their death following a controversial victory for HM Revenue amp; Customs (HMRC)